On The Employers' Vicarious Liability

The business is prosperous in modern society, and the trade is frequent. division of labour in society is becoming more and more delicate.Whether enterprise or individual, Because of individual limitation in behavior, knowledge and skills, people often need to hire others to engaged in certain activity. As a form of the labor relationship. employer-employee relationship is prevalence. Along with the increasing activities of employer-employee, employee frequently cause damages to others durring his activities, so it's necessary to research the problem of employer vicarious liability. so-called employers' vicarious liability, which means that in employer-employee relationship, employers in implementing the process of employed affairs caused damage to third parties and shall bear the responsibility for compensation. For effectively fill and dispersed damage, promoting economic development, maintaining social stability, it is necessary to establish and perfect the employers' vicarious liability system. Employees in executive hiring infringes upon the rights and duties process is a common phenomenon, employers' vicarious liability system is to solve this problem.At present, our country has not completely sense of employers' vicarious liability system.only have some fragmentary regulation distribute in "General Provisions of the Civil Law","Judicial Interpretation in Civil Action","Judicial Interpretation about Applicable Law in Judge the Case of Personal Injury by Supreme People's Court " and " Tort liability law". It caused a great number of confusion in the juridical practice, because our legislation have not regulated systematically. academia jurists for employers' vicarious liability issues of research is also various, there are many differences, scholars also rarely involved in this specific studies. this article is based on the basic content of employer vicarious liability and try to give some advice on legislative improvement of employer vicarious liability to consummate the employer vicarious liability by analysing the current legislation situation in our country and consulting the employer vicarious liability in foreign countries.