Study Of The Employer's Responsibility

Individuals in the community, not to do it all, the Employment Service of others for its implementation must be as routine, in the community of large-scale production of the more prominent today, as organizations of the companies need to serve others, employees conduct their duties mean employers can be seen as extension . Employees carrying out their duties in the course of the inevitable damage to others, how to assume responsibility at this time ? The responsibility of employers highlighted the importance of this out.In the first part of the thesis is the national employers principle of attribution of responsibility for the legislation and its theoretical basis of the study, the analysis of existing national employer liability legislation based on the principle of attribution of responsibility for our employers to apply the principle of attribution of the review; article, the Second part, a comparative analysis of some similar to the responsibility of employers and the concept of comparison, the responsibility of employers to come to the real value of the employer liability and tort liability of legal persons, the state liability, the independent contractual liability, responsibility for the unpaid helper similarities and differences; the third part is a responsibility on employers elements of the investigation ruled out the employer's subjective element, unlike the general violations must be included in the terms of the subjective element of this fault, the employer responsibility of others in addition to the elements of a personal or property damage, damage And employees of a causal relationship between, but also between employers and employees need an employment relationship exists, employees carrying out their duties led to a victim of the damage occurred, and other conditions; the fourth part, our responsibility to employers of existing legislation and future legislation, as envisaged in this part of China's current legislative style was evaluated, pointing out that the existing lack of employer liability legislation, considered by experts and scholars compiled by China's Civil Code draft legislative proposals on tort law, the principles of civil law in the future Code of employer liability legislation should be followed and build a framework put forward suggestions.