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Study On The Vicarious Liability Of Employer

Posted on:2010-04-16Degree:MasterType:Thesis
Country:ChinaCandidate:D D LiFull Text:PDF
GTID:2166360275960732Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
When business activities thrive and transactions are frequently conducted in the modern society, the social entities always employ others to engage in certain activities because of their limitation in action,knowledge and skills. With the increase of employment activities and occurrence of new forms of employment, the cases that employees cause damage to third parties during the employment activities always occur and the vicarious liability of employer arising thereof has been a problem to be solved immediately in theory and practice. Although the vicarious liability of employer has been studied widely by the legal circle in our country, there are many disputes in its theory, no uniform provisions in its legislation and a certain degree of confusion during its practice. By reference to current provisions about the vicarious liability of employer in various countries or districts and in combination with the specific practice in our country, this paper discusses the basic meaning, theoretic basis, liability principle, constituent elements and legal result of vicarious liability of employer, and then the suggestions to improve the systems of vicarious liability of employer have been brought forth on the basis of analysis of current situation of the legislation on it in our country.This paper consists of five parts except the preface and epilogue and deals with the following content:Partâ… discusses the basic meaning of vicarious liability of employer. This part firstly establishes the concept of vicarious liability of employer which is the compensation liability borne by the employee who causes damage to a third party during his employment activities. The vicarious liability of employer has four legal characteristics which consist of the vicarious liability, specific relationship, subsidiary liability and limited liability. It is different from the similar systems of corporate tort liability and national compensation liability. This part finally deals with the origin and development of vicarious liability of employer.Partâ…¡discusses the theoretic basis of vicarious liability of employer. In this part, such typical theories as control and supervision theory, recompense theory, risk theory, loss distribution theory and public policy theory that exist in the theory circle have been introduced and elaborated. Although the aforesaid theories deal with the theoretic basis of vicarious liability of employer from the viewpoint of economics, law and sociology, any theory is not perfect. In designing the systems of vicarious liability of employer, the basis shall not only been found from the system itself, but also from the specific background of society and economy. A reasonable theoretic basis of vicarious liability of employer shall be established on the basis of balance of interests and in combination with the status of economic development and degree of social progress.Partâ…¢discusses the liability principle of vicarious liability of employer. The main liability principles are composed of fault liability principle, no-fault liability principle and fault liability principle with justice principle. The development trend of vicarious liability of employer is concluded on the basis of analysis and evaluation of various liability principles adopted in the comparative law. By reference to all advanced theories across the world and in combination with the specific status of our country, the no-fault liability principle shall be established as the liability principle of vicarious liability of employer in our country.Partâ…£discusses the constituent elements and legal result of vicarious liability of employer. Three basic constituent elements of vicarious liability of employer are the employment relationship between the employer and employee, the action of employee on duty and the action on the part of employee to bear the tort liability. The first and second elements are discussed typically, and definite criterion on how to judge the existence of employment relationship and the action of employee on duty are put forward. The legal result of vicarious liability of employer includes the outside liability borne by the employer to the victim and the inside liability between employer and employee.Partâ…¤discusses the status of legislation on the vicarious liability of employer in our country, and some legislative suggestions on such system are brought forward. To satisfy the needs of realistic life, the system of vicarious liability of employer shall be perfected from such aspects as basic meaning, liability principle, constituent elements and legal result on balancing the interests of employer, employee and victim, by reference to the legislative and judicial experience of other countries and in combination the specific status of our country. At the same time, the system of insurance for employer liability shall be perfected in combination with the insurance for damage during the work in order to improve the development of economy as well as protect the lawful interests and rights of employer and victim.
Keywords/Search Tags:Vicarious Liability of Employer, Liability Principle, Employment Relationship, Action on Duty
PDF Full Text Request
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