A Study On Vicarious Liability Of Employers

Social and economic life, every member of society because of their own knowledge, skills and other defects, not hands-on. In order to expand their scope of activities to increase trading opportunities, the employment relationship with others is inevitable. Especially to the modern industrial society, social division of labor further refinement, employing the system has become a modern enterprise system to run the foundation. As an important social relations, many employers and employees face the conflicts, how it can be an effective legal norms and adjustment into the people's vision. Employment relationship is an issue particularly in the duration of the employment relationship, employees engaged in job activities, infringement of events continue to occur, how should bear responsibility for such violations? This paper discusses the issues in order to be able to vicarious liability of employers to establish and perfect the system provide some useful information.Article is divided into three parts:The first part, an overview of vicarious liability on employers. Tort liability with the corporation, agency responsibility, compared to vicarious liability an employer has its own characteristics, I believe that the employment relationship, the employer for its employees employed in the implementation process of Erzhi transaction when a third party should bear the injury compensation responsibility to "vicarious liability of employers" in general, the most appropriate. Vicarious liability on employers for observation history, and then the control and supervision of, the duty of care theory and the theory of public policy analysis of some basic theory that the existence of various theoretical advantages and disadvantages, the author advocates for these types of Considering theory in order to vicarious liability to employers to provide the best theoretical support. Then through the methods of economic analysis analyze that from the accountability and social costs of the optimal Pareto optimal allocation targets to consider the rights of the employer has vicarious liability entirely reasonable.The second part of the vicarious liability of employers responsibility principle, components and employers bear vicarious liability were discussed. By applying comparative analysis, with the current legislation of the world, three types of vicarious liability on employers legislative model to analyze the development of employer vicarious liability is attributable to the principle of fault liability experienced by the presumption of responsibility to the fault and then to no-fault liability process. Vicarious liability of employers to apply the principle of no fault in favor of protection of victims, with a lot of reasonable, consistent with theoretical trends. Elements of the employer's vicarious liability into an employment between the employer and employee relationship, the employee's acts are acts of performing their duties, the employee's conduct constitutes copyright infringement, violations of employees of several damaging consequences, the more in-depth discussion of the employment relationship and Duty Behaviour problems. Determined the scope of duties, the general behavior of the employees to examine whether the employer within the authorized time and place, such as the work is not an employer within the time and place, we must examine whether its behavior is to serve the employer's purposes or to promote the interests of the employer, Also coupled with some exclusion clauses. Vicarious liability of employers both inside and outside the specific commitment from the discussion, I believe that the main obligations of employers, and employers the right of recourse for the employees there should be limited to intentional or gross negligence case. Terms of the exemptions, focused on the effectiveness of exemption clauses, that its only limited to the main contract of employment-employers and employees on the internal accountability.The third part, the first from the legislative point of view, the "Tort Liability Act," legislation enacted after the provisions of the sort, sort out the legislation over the years. Later, combining the current system of employer-related vicarious liability jurisprudence analysis of the employee "engaged in employment activities," the identification, within the responsibilities of employers and employees sharing the victim or the employer and employees exempt from the agreement unilaterally and so the effectiveness of the judicial status of analyze the vicarious liability of employers come to be the scope of the definition of employment relationship problems and recovery aspects of the right to be improved, and raised the issue of judicial interpretation of the above articles of the legislative proposals. Finally, from the perspective of legal proceedings, claims virulence in adjudicating cases, the employees should participate in the proceedings as a third.