Legislation Consideration Of The Employer Liability

This article researches the employer liability around the world , uses the method of comparison , according to the development condition of the economic and the society in our country now .It discourses the development direct of the employer liability and wishes to solve the defects of ours.In modern society, employer liability has two meanings: the first one is the liability which should be assumed by employer to the third party who is damaged by employee in the course of employment; the second one is the liability who should be assumed by employer when employee is damaged in the course of employment. The first belongs to the cope of the law of torts, the second has been set down by in the Labor Law. This article is instituted for the first one.The employee when hires in the work to violate other people's rights and interests, the employer should become the subject to be hold responsible for the accident instead of the employee, is the typical vicarious liability in the special tort. The imputation rule is fixed on no-fault liability principle that is the trend and request of history development, it shows the times' progress and the change of the human's thoughts. When judging the employee be hired in the work whether or not, we should review in many kinds of conditions : if only there is contract of employment, and the actions of employee is on duty, we should admit it. The writer doesn't agree that the employee and the employer should be charged with the implicative liability, because the implicative liability and the vicarious liability are two different systems. If the employee and the employer take in hand the implicative liability, the vicarious liability's positive means would be reduced. But after the employer assumes responsibility, he can recourse from the employee according to the fact of his torts. Otherwise, the recourse should be limited in an area of the society justice.While we lay down the law of torts ,the employer liability should be expressed : the employee when hired in the work to violate other people's body or possession , the employer should distribute the compensation for damage .If the employee is on purpose or exists major mistake , after the employer assumes the responsibility ,he can recourse from the employee in an reasonable scope . If the injured person can't obtain from the employer, he can get from the employee in direct.