Studies On Legal Problems Of Employer's Liability

With the development of marketing economy, wage labor has turnedto be a very common social phenomenon. Thus, dispute on the physicalinjure caused by the employees implementing their jobs have beenincreased gradually. The current GENERAL PRINCIPLES OF THECIVIL LAW OF THE PEOPLE'S REPUBLIC OF CHINA has onlyrelevant stipulations on liabilities burdened by the legal person for thepersonal injure caused by its employees. As to the injure to the thirdperson caused by the employees in wage labor relations,the GENERALPRINCIPLES OF THE CIVIL LAW has no regulations yet. Drawing onthe foreign experience of legislation, it has been a trend to establish thesystem of employer's liability. This thesis, explores to deepen thediscussion through the comprehensive analysis on foreign legislativeexamples and thoughts about systems of employer's liability, as well asthe combination of our county's present legislative and judicial situations.In this thesis there are five chapters as follows:Chapter One: This discourse defines the concept of employer'sliability; illustrates the theoretical base based on its historicaldevelopment.Chapter Two: This discourse brings forward that it is rational to bearthe responsibility without fault for the employer based on the literaturereview on different kinds of legislation and theory.Chapter Three: This discourse brings forward that the constituentelements of employer's liability. The employer's liability is kind ofliability for other person's tort, not for oneself's in it's nature. It'sconstituent elements are different from those of general tort. Therelation between infringer and liability bearer must be that betweenemployee and employer. This is the fundamental element for employer'sliability. The tort must happen in the course of carrying on empolyer'sbusiness. This is the precondition for employer's liability. Theinfringement act must constitute tort. This is the legal element for employee's liability.Chapter four: As a special kind of tort liability the special assumingways, extinctive prescription of the employer's liability are alsodiscussed in this discourse.Chapter five: According to discussion above, from realisticPerspective, Concrete legislative suggestions are raised, focusing on thedisadvantages in establishments of our country's system of employer'sliability.