The Employer Vicarious Liability

Employment relationship is a very popular social phenomenon in modern society, from which disputes often happen. Employer liability is the special tort compensation, which is based on the employment relationship. Generally, employer liability includes two respects: One is the compensation for the employees'injure during their working. The other one is the compensation for the third party's injure caused by the employees during their working.This paper only discussed the latter one, which is called employer vicarious liability. And the whole paper consists of four chapters.Chapter One researches the theory basis for employer vicarious liability and its value. Author tries to find a reasonable name for this employer liability through the discussion of its definition. And make sure that this liability is direct and accessory. The three theories are Control Theory, Public Policy Theory and Attention Theory, but none of them can explain reasonably why employers shall take the responsibility of compensation for the wrong behaviors by their employees. Author thinks that the purpose and value of employer vicarious liability lies on the full and better compensation for the victims. It is a good way to share the damages and avoid the accidents, which is the balance of interest. Chapter Two focuses on the principle of employer vicarious liability. Through the introduction and analysis of three different principles, author concludes that the principle of employer vicarious liability in our country should be the liability without negligence and gives her own opinions on this problem.Chapter Three is about the composing of the employer vicarious liability. The composing means the condition under which employers shall take the compensation liability, mainly including following elements: the tort by employees, the inflicter as the employee, that is the employment relationship between the inflicter and the employer, and tort happening in the working. Author still pays attention to some special situations, such as the employee without or with limited capacity for civil conduct and one employee with two employers at the same time, all of which is to show the composing of employer vicarious liability clearly and make the regulation of it in our country become better.Chapter Four discusses the compensation from two respects: outside and inside. Author insists that the responsible subject should be the employer. But if the employee has the intention or gross negligence, he shall take the joint and several liabilities with the employer. And author also agrees with that in the above situation, both parties have the right to claim compensation from the other party. Of course, we should have more discussion on its rationality, limitation and exertion in order to give good suggestion to our law system.With the development of the economic in the society, the employer vicarious liability has taken the active role in reducing losses and balancing the social interest. Author hopes that the employer vicarious liability should be better as soon as possible, which can provide theories and regulations to the practical cases. And we should set up the insurance systems in accordance with the employer vicarious liability to share the losses and protect the legal benefit of the victims and employers, which enlarges the effects of employer vicarious liability in our society.