Study Of The Employer's Responsibility

The employer's responsibility is a kind of civil responsibility on the premise of the existence of employing relations. It is the civil responsibility the employer should bear when his employee causes damages to the third party in employing activities. There is no definite record of employer's responsibility in the General Rules of Civil Law in our country. The related rules appear in the laws, codes and judicial explanations of different levels. This does not only cause practical troubles to judicial judgment, but cannot get a reasonable explanation in the theoretical point of view. Based on this situation, this paper applies the theories of tortuous law to the discussion on the key conceptions of the employer's responsibility, expecting to shed light on the study of the employer's responsibility.In the body part, the paper discusses about the employer's responsibility from three aspects. The first part is a discussion about the principle types of the employer's responsibility. The paper first reviews the basic legislative cases of responsibility ascription. There are mainly three types of responsibility ascription types. British and American laws adopt the principle of blameless responsibility, while the countries of continental laws such as German, French and Japanese adopt the principle of blame reasoning responsibility, which is in essence a principle of blame responsibility. Based on the consultation of German Civil Laws, the civil laws of Taiwan province have made some adaptations on the responsibility ascription principle, combining the principle of blame reasoning responsibility and the balanced responsibility. Then the paper introduces two types of responsibility ascription principles proposed by the scholars in our country. The first one advocates the principle of blameless responsibility, and the second suggests the principle of blame reasoning responsibility, with the fair responsibility principle as supplement. The paper believes in the principle of blameless...