On The Duty Principal Of Vicarious Liability

With the development of commodity economy and social division of labor, industry becomes more and more reliable to the cooperation between producers, this facilitates the generality of employment. However, the industry not only brings about advanced technology, but also disaster and accident, which more and more affairs that the employee cause person's damage when executing duty emerges.As the stand for replaceable duty ,employer has the inreplaceable duty for the employee's tort, but what's the base for this reponsibility? Does it entail the employer's subjective fault? In this way,the duty principle of the vicarious liability becomes an important subject.In our law history, the firstly provided the duty principle of the vicarious liability, but it's not appropriate.In 2003, the by the supreme court also provided it, but it's not intact.This problem hasn't been cleared until the ,which provided that the duty principle of the vicarious liability is strict liability. This plays an important role in our legal system. However, there are also many disputions about this problem. So is it right for our law to provide strict liability? How about the international laws? With these questions, I study on the social and theorial base of strict liability, hoping that I can find the sufficient base and defection of the duty principle of the vicarious liability.The full paper divides into three parts of preface, text and conclusion. content of the text includes:The first chapter, this chapter primarily elaborates the vicarious liability, starting with the concept of the vicarious liability and legal characters, this chapter compare with the vicarious liability and the relevant tortuous liability such as the tortuous liability of the legal body, the liability of manufacture in order.The second chapter, this chapter primarily introduces and analyses the several typical theories put forward by scholars about the theory base of the duty principle of the vicarious liability, and introduces the history and present of our law on this problem.The third chapter, this chapter inspects and evaluates the legislative models in the present world, analyses the development trend of the duty principle of the vicarious liability, studies on the social and theorial base of strict liability, then comes to my conclusion. The fifth chapter, this chapter hackles the legislative analyses the existent problems of the norms in force, and puts forward some suggestions about the perfecting of our country's vicarious liability.