Definition Of Employment Relationship Of Vicarious Liability

China's economy has been boosting since the reform and opening-up, and employing others to offer us labor service has become popular. However, employee's tort also turns into salient. Responsibility of tort has always been a ticklish problem for academic and for professional. The key to the problem is the definition of employment relationship, so the employment relationship between employer and employee is the precondition for the employer to assume vicarious liability within the employment scope. By making a comprehensive survey of different countries and regions, we can see a unanimous and perfect definition of employment relationships has been developed, which makes the vicarious liability exactly qualified and applied. At the same time, only a few is regulated in our law on the vicarious liability, let alone the definition of employment relationship. Our country is in the preliminary stage about the definition of employment relationship in vicarious liability, as a result, few books are written and few discussions are made with regard to the essence of the employment relationship. So, public opinions are divergent on the definition of vicarious liability, which is difficult to adapt to the development of the practice.As has been found out, vicarious liability is not correctly applicable in practice in this article, we propose, the key to solving the difficulty in applying the vicarious liability is the definition of employment relationship. Criterion and methods are properly put forward in vicarious liability basing on China's multi-employment relationships. To some extent, a positive role is made in the improvement in the law of tort.Firstly, in this article, we started from the development course and historical evolution of employment relationship, discussed the importance of the Industrial Revolution in the separating of labor relationship from the traditional employment relationship, revealed the containment relation between the employment relation and labor relation, illustrated the current condition of our country's employment relationship, and stated the irrational point as to this.Secondly, we lay a theoretical foundation to exactly define China's existing employment relationship types, and by analyzing the common point between the employment relationship and labor relationship, the difference between the employment relationship and contract relationship, we disclosed the essence of employment relationship is their subordination, the interpersonal attribute, the controlling attribute in employment scope and non-free of the will, which are very key reference standards in defining the employment relationship. Meanwhile, to further differentiate the scope in vicarious liability, we thoroughly analyzed the three theoretical basis in vicarious liability, the theory of Control And Supervise, Public Policy and acknowledge on the basis of the reference standard, the most important of which is the theory of Control And Supervise.Thirdly, by comparing and analyzing the judgment criterion of British, America, Japan, Taiwan in China, the authority to Control And Supervise turned out to be the main definition criterion. By thoroughly investigating the definition of the vicarious liability in China, some drawbacks are pointed out in our current laws, so the scope of employment should be defined as business employment relation.Fourthly, definition in four special conditions in our county is discussed, including helper and volunteer, reemployment, lending employment, labor sending and one employee with several employers. As far as we concerned, in our country, the definition of special employment relation is still in its weak stage, both in legal regulations and theoretical exploration.Last but not the least, the importance of employment relation definition is illustrated by making a conclusion. In our country, in defining employer's vicarious liability, the essence of employment should be the base, the contract of employment should be the frame of reference, the authority to Control and Supervise should be the most basic test. At the same time, our country's Employer-Employee Relationship is limited to the business one.