Study On The Liability Of Employer

There are provisions of the liability of employer in Anglo-American law system and continental law system. These provisions are applied to the employers whose employees do some damage to a third party during working hours. The sphere of the application has been expending all the time in practice. There is no such legal provision in our country at present. There is only judicial interpretation which can make some adjustment. With the continuous improvement of the market economy, there are more flexibility and variety in the forms of employing workers. Requirements of the system of the liability of employer have been put forward in different fields. When the civil law has been made, to set up the system of the liability of employers is the general trend. We should draw on the legislation experience of foreign countries, and deal with it in the light of specific conditions in our country. In this thesis the author advocates the establishment of the system of the liability of employers. This will meet the needs of the increasing employers liability (vicarious liability) and form an open, compatible and new system dealing with tort. The author discussed some theoretical problems relating to the system of the liability of employers, using comparative analysis and empirical research. The author hopes it could be a help to the legislation construction and judicial practice in our country.The thesis is divided into introduction, body and conclusion.Introduction briefed on the existing legislation of employer liability, and the author advocates the establishment of the system of employers liability in the civil law.There are five chapters in the body. The synopsis is as follows:Chapterâ… The conception of the liability of employerThis article gives a conception of the liability of employers. After making a comparative study of the liability of employers with the liability of employer (vicarious liability), which is similar to the liability of employers -----their formation and development, we can conclude that the concept of the liability of employers breaks the confines of the traditional understanding of the liability of employing units (vicarious liability). It has become a general...