Research On Employer Vicarious Liability

Employer vicarious liability has two meanings in the modern society: employer should be taken on the liability which employee was working in employment, and employee was hurt the third person. The employer had been taken on sufficiency in the former liability, and be put heavily obligation in order to protect the benefit of employee. But whether the latter belong to civil liability, our law have not definitude and to be the focus of this essay.Employer vicarious liability is a kind of special tort liability, which takes place usually in our life, but general rule of law of our country have not provision definitely contrast to the proclaimed in writing of other countries of two law system. Dealing with the practical cases, they can be deal with through the way of judicatory or the extended explanations of near clause. However, the theory express out of line of law criterion and system, application flaw of law by specialty and limitation of legislation, application difficulty in practical cases and so on. So it is necessary to establish the absolute system of employer vicarious liability, which was embodied in the draft of civil law. Therefore, the authority understands it deeply and makes some exploration.On the base of this research, this essay contrast to the legislation, cases and relation theories of other countries, from the concept of employer vicarious liability, introduce the history and chief feature of employer vicarious liability, explore the exist theory of employer vicarious liability as a law system, and anatomy the criterion of liability and composing documents of employer vicarious liability which based on these. But because of the restriction of the complexity of life, the variety of cases and my acquirement, the strong principle of divided method has not been developed. After explaining and analyzing the relevant theories home and abroad, the author discusses properly the bearing of the law responsibility and the compensation relationship between employer and employee. After explaining fully to the employer vicarious liability, this essay uses the way of contrasting and exemplifying analysis, combine to the modern status, divide the feature and near law system of employer vicarious liability in our law and judicatory explanation form the way of law system harmony, explore the fundaments of the relation theory of employer vicarious liability and puts forward some law making viewpoints on this foundation hoping to have some benefit to setting up the independent employer vicarious liability system.