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On The Employer's Liability

Posted on:2007-07-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y M DingFull Text:PDF
GTID:2166360185982163Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In modern society, with the development of market economy, wage labor has turned be a very common social phenomenon. Thus, conflicts due to the physical injure caused by the employees implementing their jobs have been increased gradually. It has been a legislative trend to establish the system of vicarious liability of employers in modern tort law. The current law has relevant stipulations on employer's liability , but it's concept is ambiguous. The adjustmental scope of employer's liability is been defined: the liability of all artificial persons, other organizations and natural persons. Consulting the foreign experience of legislation and our general jurisprudence, the article aims to studying some legislative problems about it.Firstly, analyzing vicarious liability and corporate's liability, this discourse clarifies the theory basis of employer's liability. The author puts forward the reason that the employer should burden the employee's liability of damage.Secondly, there is a distinct different on the principle adjusting the vicarious liability of employers. From the historical development of employer's liability, we can conclude that the protection of the interest of...
Keywords/Search Tags:vicarious liability, no-fault liability, employment relationship, employment
PDF Full Text Request
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