Font Size: a A A

Research On Employer's Liability System In China

Posted on:2009-10-02Degree:MasterType:Thesis
Country:ChinaCandidate:D Q WangFull Text:PDF
GTID:2166360242987577Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The employer's liability is a kind of special infringement liability, which is clearly made in different countries. But"General Rules of the Civil Law in PRC"has no clear statement. In order to adapt to the demand of life, some legists made extension by explaining the related provisions. In course of our economic development, the rule of employer's liability must be defined and established. Then"Interpretation on Several Issues in Trial of Cases of Personal Injury Damages"of the Supreme People Court (Fa Shi [2003] No.20) is made. It has been five years since the interpretation was made. A lot of disputes can't be offered the overall settlement basis while our country has already had relevant judicial explanation to carry on the regulation to this liability. The local theory circles has had some deep understanding and done beneficial quest.The thesis divides four parts. The main content of the test is as follows:Part one: summarizing the system of employer's liability. It means the employer takes the place of and shoulders the responsibility to the tort of the third person for employees. The system is different from other similar systems. There are legal characteristics, and a theoretical foundation formed for a long time even more. The part defines the intension of employer's liability and analyzes its theoretical foundation for the back of expound the system.Part two: analyzing current legislation situation in employer's liability system. It has been a long time since the establishment of employer's liability through this"interpretation". It's necessary and beneficial for the judgment at present.Part three: There are three difficult questions in judicial practice: definition of the employer-employee relationship, applicable scope of employer's liability and the way of bearing the liability. Our country should adopt the basic standard of"substantive control and supervision"to judge the employer-employee relationship, expand legal applicable scope of employer's liability appropriately and concrete employer's liability to coordinate the relation with employee's general liability, through logical reasoning, comparative law and judicial practice.Part four: the opinion of improving the legislation of employer's liability from the substantive law and procedure law separately.
Keywords/Search Tags:the employer's liability, the employer-employee relationship, the legal applicable scope, the claim for recovery
PDF Full Text Request
Related items