Font Size: a A A

On Employer's Responsibility System

Posted on:2009-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:C Q DengFull Text:PDF
GTID:2166360242970215Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Employers' vicarious liability system, which has a long history, has already found its deep root in many countries. The General Principles of the Civil Law of the People s Republic of China, however, doesn't stipulate employers' vicarious liability for a long time due to unacknowledgement of employment relationship arising from political and economic reasons after the foundation of the People's Republic of China. With China's opening-up to the outside world, the deepening reform of economic system, especially our country joins the WTO queen, employment relationship has become a common social phenomena. Consequently, it is urgent to establish a sound system of employers' liability to settle the disputes arising from legal practice. There exist relevant studies and judicial interpretation , however, they are no sufficient to solve various problems encountered in reality. So it is a top priority of China's law-making process to set up a complete employers' liability system drawing upon the legislative experience of advanced countriesThis paper intends to, on the basis of unifying the name of employers' liability, define the concept as follows: the employer should bear the tort civil liability of the substitution of damage compensation due to the damage done to the third party by means of official tort by the employer in employment relationship. Employer responsibility system , author's main viewpoint have three right away: Firstly, the concept of employers' liability founds its theory on the basis of interest balance, draws on the strength of many traditional theories and the advantages of many countries' laws with the development of social economy and progress taken into consideration. Secondly, our country employer responsibility system should apply to nothing fault responsibility principle, uses adjustment world tidal current ,with the guidance of which the three constituents in employers' liability and the criteria thereof are expounded. Thirdly, the paper divides the bearing of employers' liability into two categories: one is the bearing within the employment relationship by means of consultation and the other is the bearing by means of law and suggests that employers can transfer the risks to the society by means of employers' liability insurance. Finally, the thesis proposes relevant suggestions on how China can set up the system of employers' liability according to the current situation of Chinese legislative and judicial practice.
Keywords/Search Tags:employers' liability, principle of liability, employment relationship
PDF Full Text Request
Related items