Employment Liability System Research

Employment relationship plays a very important role in the modern society. Most of countries or areas no matter applying civil law system or common law system already established employer liability law. At the same time, the judicial departments also have produced a lot of cases with typical significance. The academic interest make a lot of research about employer liability, but there still are some disputes about the meaning, theoretical, liability determining principle, components and so on. Especially in China, we still need to develop in the aspect of legislation, justice and theory. This article tries to discuss and research in these areas. This article includes four parts except introduction and conclusion.Part I mainly investigate and describe the historical background and theoretical base. The employer liability regulation is developed with the developing of employment relationship, which is an immemorial law relationship. The commerce of employer liability regulation is due to the objective demand of practical life like other law. Most of legists in the common law system propose that the public policy theory is the theoretical base of"the employer need to take responsibility for employee's tort behavior"Part II will define the employer liability. Firstly the concept of employer liability in the law of typical countries and areas is introduced. Secondly, the concept of employment relationship and the definition of employer liability are described. In order not to confuse the concept of employer liability with other similar concepts, several concepts similar with employer liability are analyzed and compared. The employer liability in the article means the employer's liability to employee's tort behavior to third party during employment. In nature, Employer liability is a special tort liability, furthermore, it is the most typical vicarious liability.Part III mainly discusses the principle of employer liability determination. Different countries and areas have different principle about it. The first one is liability without fault, the second one is liability for fault, and the last one is combination of liability for fault and liability for fair. Considering the developing trend of principle of employer liability determination, most countries and areas prefer to apply liability without fault. My opinion is China should apply liability without fault because it fit the practice of China's legislation and judicatory, and it conforms to the international trend of employer liability determination.Part IV mainly analyzes the component of employer liability. The first one is the existence of employment relationship, which is the precondition of employer take tort liability. The second one is the fact of damage to third party, it include the personal...