On Employer's Responsibility System

With the development of commodity economy of our country, the wage labor has already become a kind of very general social phenomenon, the dispute taking place because employees cause the third person to damage while carrying out the post increases day by day too. However, have not made the clear general regulation on employer's responsibility in current "general rule of the civil law of the People's Republic of China"with outline nature of civil laws of our country, cause and carry out the still not clear legal basis of treatment of compensation problem that the post causes the third person to damage to employees in the employer-employee relationship. So, using foreign legislative experience for reference, it has already been the task of top priority of the legislation to set up the complete responsibility system of employer of our country, this text analyses synthetically through legislative example and legal thought of employer's responsibility system of foreign countries, combine our country legislate and current situation that administration of justice practice, on how structure employer responsibility system of our country make a detailed discussion. This text has defined the concept of employer's responsibility at first, and through comparing with other relevant systems, have defined the characteristic of this system. While querying traditional employer's responsibility theoretical foundation, have thought on the theoretical foundation of employer's responsibility. Secondly, the method to use comparative analysis, on the basis of and advocate carrying on evaluation and analysis to different legislative types, propose of our country employer responsibility belong to responsibility principle should for rigorously enforce responsibility principle. Under the guidance of this principle, employer's responsibility forms and must possess three important documents, and has explained the judgment standards of three important documents in detail. As one special liability for tort, employer responsibility has his special responsibility to bear the way, exempt the origin of an incident of the responsibility, this text has done analysis to it too. Finally, on the basis of probing into above-mentioned problems, did analysis on the responsibility legislation current situation of employer of our country, have proposed setting up the concrete legislative suggestion of the responsibility system of the employer of our country.