Study On Employer's Liability

Employer's liability means compensatory liability of employer to victim who is damaged by employee in course of employment. Employer's liability ensures victim enough compensation and balances employer's duty with employee's duty. In Chinese law, there are some articles on employer's liability, but these articles can not cover all damages that employee causes in course of employment. Besides, there are conflicts among these articles. It is necessary to establish a system of employer's liability to deal with the confusion of the application of employer's liability in China.This thesis recites theories of employer's liability, introduces different applications of employer's liability in different countries, analyses the articles on employer's liability in Chinese law and makes a proposal of establishing a system of employer's liability.This thesis is separated into four chapters.Chapterâ… is about the historical development and theories of employer's liability. In this chapter, the origin and the development of employer's liability in the civil law as well as in the common law are outlined. The basic theories of employer's liability are summarized. Employer's liability is compared with artificial person's liability. Employee is compared with independent contractor.Chapterâ…¡is about the composition of employer's liability. In this chapter,"employment","course of employment"and"employee's tort behavior"are defined. The author agrees that an employee means a person who works according to a contract of employment, under the control of an employer or a person whose work has become a necessary part of an employer's enterprise. If the possibility that an employee causes damages becomes greater because of the conduct of an employer, the employee is in the course of employment. If an employee is a person with capacity, the employer need not pay the victim unless there is compensatory liability of the employee to the victim. If an employee is a person without capacity, the employer should pay the victim no matter that there is no compensatory liability of the employee to the victim.Chapterâ…¢is about the application of employer's liability. In this chapter, different applications of employer's liability in different countries are introduced and claims between employer and employee are stated. The author agrees that employer should be charged with strict liability to victim who is damaged by employee. Employer's and Employee's faults should be considered to distribute loss between them. Thus, employer or employee who has paid victim has a claim to the other party.Chapterâ…£is about the application of employer's liability in China and a proposal of establishing a system of employer's liability. In this chapter, the articles on employer's liability in Chinese law are enumerated, drafts of < Code of Civil and Commercial Law of the People's Republic of China> are estimated and advices about establishing a system of employer's liability are given.