On Vicarious Liability

With the development of commodity economy and the generality of employment, among the affairs that cause person's damage in present-day society, more and more affairs that the employee cause person's damage when executing duty emerges. So most counties establish the vicarious liability system, and prescribe by the special legal norm the employer's liabilities for the damage which his employee causes when executing duty, manifest the differences in constitutive elements and liability's under taking between the vicarious liability the general tortuous liability. trough inspecting the vicarious liability in the primary countries or areas of the two legal families ,starting with the definition of the legal connotation of the vicarious liability ,the paper treats comprehensively the theory base of the vicarious liability ,the system value, turns over to responsibility principle, the constitutive elements and the liability's undertaking. Then the paper base on the present situation of our county's legislation and justice, put forward some suggests about the construction and the perfecting of the vicarious liability system.The full paper divides into three parts of preface, text and conclusion .the content of the text includes:The first chapter, this chapter primarily elaborates the vicarious liability. vicarious liability in the paper is defined as the narrow sense of vicarious liability ,that is ,the vicarious liability is the liabilities that the employer undertakes for his employee's acts that cause person's injury when the employee executes his duty .starting with the concept of the vicarious liability and legal characters ,this chapter compare with the vicarious liability and the relevant tortuous liability such as the tortuous liability of the legal body ,the liability of manufacture on order and the state liability for compensation, and inspect the history of the produce and the development of the vicarious liability. The second chapter, this chapter primarily introduces and analyses the several typical theory put forward by scholars about the theory base of the vicarious liability, and analyses the system value of the vicarious liability. from the angles of the interests balance among the injured person ,the employer and the employee, and the social justice .The third chapter, this chapter inspects and evaluates the three legislative models in the present world, analyses the development trend of the duty principle of the vicarious liability and the knowledge about doctrine of liability fixation of the vicarious liability in our country's judicial practice. The paper thinks that the out country's futuristic civil code should adopt the non-fault liability principle.The forth chapter, this chapter primarily elaborate the constitutive elements, the liability subject, and the distribution of the internal liability .The fifth chapter, this chapter hackles the legislative present situation of our country's vicarious liability system, analyses the existent problems of the norms in force. And this chapter puts forward some suggests about the perfecting of our country's vicarious liability.