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Analysis Of Employer Vicarious Liability From The Perspective Of Legal Economics

Posted on:2009-02-17Degree:MasterType:Thesis
Country:ChinaCandidate:L N ZhangFull Text:PDF
GTID:2166360245496459Subject:Finance
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Employer Vicarious Liability is a legal regime in which employer takes responsibility for his employees' liability of tort, and the tort happens during the work. Go with the quick development of the economy of our country, employment relationship becomes a very popular social relationship in modern society, from which disputes often happen. But the legal regime of employer Vicarious Liability in our country is so simple that it can't satisfy the demand in today's society.The researches of employer vicarious liability abroad achieve a certain level, but it doesn't establish a analyzing system which is based on the aim of minimizing social costs of tort. And it also doesn't pay attention to the perverse effect of vicarious liability. The research of employer vicarious liability inside China is too sparse, and only a few are from the perspective of Law, not Law and Economics.Therefore, this paper analyzes the liability principles of employer vicarious liability in different conditions, and the working mechanism of the principles, at the aim of minimizing social costs of tort.The whole paper arrangements are as follows:The introduction part introduces the value of this paper, the methods of research and the arrangement of the paper.Chapter one is about the concept, the characteristics, the types of the vicarious liability, and the economic objective of this paper.Chapter two is a summery of the economical analysis of vicarious liability. it analyzes the advantages and disadvantages of research for vicarious liability, gives some basic methods for perfecting the research.Chapter there analyzes the choice between strict vicarious liability and employee liability. It begins with decomposing the aim of minimizing total social costs into four specific aims: minimizing the cost of prevention, optimizing compensation, minimizing cost of administration and optimizing activity level. Then, analyze the elements which effect the efficiency of the two principles, and how do these elements effect. Finally, it concludes that the strict vicarious liability is better than the employee liability.Chapter four analyzes the choice between strict vicarious liability and negligence-based vicarious liability. This part compares the superiority of the two principles based on the aim of minimizing cost of preventions. There are two methods of inducing optimal prevention: preventive measures and policing measures. The strict principle can't induce implementing policing measures, because of the problem of perver se effect. And the negligence principle fails all the minimizing and optimizing aims, except the effect of inducing optimal policing.Chapter five introduces a regime of mixed liability for overcoming the perverse effect and creditability problem. It analyzes the mechanism of doing this. There are two types of mixed regime: sanction-fixed strict vicarious liability and composite liability, and they take effect in different ways. Composite liability regime is a perfect regime but for its expensive administering costs.Chapter six introduces some thinking about employer vicarious liability in China. Through analyzing the characteristics of employment relationships in China, it concluded that: different principles should be used in different types of employment. The profit aimed employment should choose strict vicarious liability, and non-profit aimed employment should use negligence-based vicarious liability.The innovations of this paper lie in: first, it complements the blank of research for employer vicarious liability in the perspective of law and economics in our country. Second, it analyzes the validity of all kinds of employer vicarious liability, based at the aim of minimizing total social costs of tort. Third, the paper brings forward that in our country, the profiting aimed employment should choose strict vicarious liability, and non-profiting aimed employment should use negligence-based vicarious liability.
Keywords/Search Tags:employer vicarious liability, minimize social costs, liability principle, employment relationship
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