On The Legal Person's Tort Capability

This article firstly points out the realistic significance of the legal person's tort capability system, that is, with the booming market-oriented economy, the independent civil subject qualification of legal person stands out and becomes stable, many kinds of disputes resulted from various types of torts relative to legal person come out one by one, and wide attention has been paid by the public to the assumption of damages. In the tort actions, the following two problems are mostly concerned by the victims: first, who will bear the damages? Second, how much compensations can be got? And the first one is a prerequisite for the second one. But because the legal person is a social organization composed of staff member in different posts (including legal person organ, manager, employee, agent and subcontractor, etc.), and has consistent management system, which complicates the settlement of the damages caused by its torts. So the first triggering questions are as follows: what kind of damages and whose tort should be assumed by which way by the legal person, and then what is the character of the liability? If we want to settle these problems systemically, the settlement system of tort liability should be reasonably adopted in the legal person system.Through reviewing different civil codes of many other countries, we will find out three proposals of resolving the problems: one of them is the proposal of employer duty, the second is employer duty system combined with the legal person's tort capability, and the third is the system of legal person's tort capability. General Principles of the Civil Law of People's Republic of China...