Research On Employer's Liability

With the development of commodity economy and the prosperity commodity markets, wage-labor is increasingly generalization. Employer's liability has become an important type of infringement, an urgent need to clear legal responsibility. The majority of countries and regions in the world accepted and established the legal system of employer's liability. On December 26,2009 "the Tort Liability Law of the People's Republic of China "was passed, which expressly provides for employer's liability. However, some questions are imperfect and controversial.There are still many disputes of the theory and legislative of employer's liability in academic.The employer's liability studied in this paper refers to an employer's responsible for the employee's post tort liability, excluding the responsibility that an employer takes for the employee who is damaged in the process of engaging in employment activities. The paper will adopt the methods of comparative study, semantic analysis and historical study, in order to do further research on employer's liability. In the introduction, firstly, problems will be proposed. Then through the literature review and the introduction of research methods and research significance, the necessity and feasibility of the research of employer's liability will be cleared.The text is divided into four parts. The first part discusses the theoretical divergence of employer's liability. Based on different theories, legislation disputes and judicial predicament, this text will sum up the core issue of research of employer's liability. The second part of the text is a comparative study of employer's liability, introducing the development history of employer's liability of Anglo-American Law and Civil Law. The text makes comparative analysis of employer's liability of two legal systems.The problems of current legislation of employer's liability in China are put forward. The third part is the theory thinking of employer's liability. It is from the study of the nature of the definition, the principle of attribution, the constitute elements and internal and external relations of employer's liability that comprehensively studied on employer's liability is done theoretically. The fourth part presents suggestions on employer's liability of China to make the system perfect, which is focus on two aspects of substantive law and procedural law.