A Study On Employer's Vicarious Liability

Employer's vicarious liability is a kind of liability based on employment relationship. It occupies an important role in the field of the tort law. Although there already has some regulations relevant to the system in the civil law, it is still not complete. So establishing an excellent system of the employer's vicarious liability has been a necessity in legislation by drawing the legislative experiences from the foreign countries. This paper attempts to discuss the issues relationg to the imputive principle, the ingredient and the methods of bearing liability of the employer, to summarize its status quo and its defects and to put forward some legislative suggustions on perfecting the employer's vicarious liability. The whole thesis includes four parts.Part One is a general overview of the employer's vicarious liability. It first nails down that the employer's vicarious liability is the liability undertaken by the employer for their employee's impinge upon another people in its narrow sense. Then, some contrasts among the the employer's vicarious liability, the liability of the corporations for its tort and independent contractor's liability in order to further make it clear.At last ,it generalizes the traditional theoretical foundations of the Anglo-American Legal System and the Civil Law System and points out their limitations.,and this lays a foundation for the next discussion .Part Two elaborates imputation principle of the employer's vicarious liability and its constitutive requirements. It first introduces the imputation principles of the Anglo-American Legal System and the Civil Law System and analysizes their advantages and disadvantages. Through the analysis of the two systems, we can see that the doctrine of no-fault liability is very reasonable. Then it discusses constitutive requirements of the employer's vicarious liability, that is, the employment relationship between employer and employee, employee's infringement behaviors occuring in the course of employment, the delict caused by the employee's behavior and the harm caused by the infringment of the employee. Among them, the Affirmations of the employment relationship and the official acts are elaborated in details.Part Three is the researches of the employer's vicarious liability from the aspects of the liability undertaken inside and outside.Part Four is a summary of the legislative status quo of the employer's vicarious liability and its limitation in our country. And then some legislative suggestions on perfecting the system of the employer's vicarious liability in our country are put forward.