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On The Vicarious Liability Of Employer

Posted on:2009-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:B WeiFull Text:PDF
GTID:2166360245467937Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
It is necessity that employs the others to produce to conduct the activity is modern economy in all countries. Along with the establishment of the socialism market economy system, employment relationship activities already widespread existence in our country. The system of liability of employer has not been built up in our country in the strict meaning, so that the comprehension rift of academia circles to it compare greatly. The article differentiated and analyzed the theories foundation of the liability and the subjective imputation of employer, and analyzed the modality of liability ,the beginning form of logic and the pursuer of value of the liability of employer and the substitute duty, demonstrated that the property of the liability of employer belongs to the substitute duty. The composing of the liability of employer comprise the employment relationship, employment and the duty of employee, base on it we can know that the subjective imputation of employer is not the composing of the liability of employer. On the base of the demonstration of inner and external commitment, and the cause of exempt liability, the article demonstrated the specific commitment of the liability of employer. On all accounts, the suggestion is that at present stage we should lay particular emphasis on the composing of the liability of employer, so that we can hold it more accurately. At last, the article put forward the brainchild for how to perfect the system of liability of employer in our country.
Keywords/Search Tags:employment, liability of employee, vicarious liability, composing, imputable principle, commitment
PDF Full Text Request
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