By Employers Liability

The employers liability is one kind of special right infringement responsibility, many country's laws have clearly stipulate, but our country not performs in "the General provisions of the civil law" to stipulate. Through even directly makes the stipulation to the general provisions of the civil law related article's expanded explanation in the judicial interpretation, solves in the reality the question or the fill law blank; But the judicial interpretation has its limitation, needs to the employers liability in the employer, the employment relations, the employers liability and so on related concept to be clear, simultaneously defines in this article the employers liability connotation.Key discusses three aspects the contents: First, in the legislation establishes the non-mistake responsibility principle. Summarizes in the world two big legal systems to turn over to the responsibility principle now three fundamental types, introduced its respective good and bad points, analyzed the non-mistake responsibility theory to rest on, use the mistake responsibility to turn over to the responsibility principle the malpractice and our country use the non-mistake responsibility in the merit, the world legislative tendency and unify our country present present situation, will obtain in our country's future civil legislation the employers liability to use the non-mistake responsibility the conclusion; Second, employment relations judgment standard limits After having analyzed the employment relations characteristic, discussed the judgment employment to relate with emphasis whether to exist rationale, employment relations and close concept difference; Third, the employee carries out the duty scope refinement. This article from duty behavior's theory standard subjectivism, spoke of objectively under several special situations duty behavior's recognizing, solves in the practice to have the duty behavior to recognize the question.