Employer Responsibility Study

Vicarious liability is divided into broad sense and narrow sense two kinds of ways of understanding: the broad sense of the vicarious liability includes not only the employees to third damage in employment activities of employers when they should bear the responsibility, including employees from their damage in hiring activity in the employer should bear the responsibility, including employees and employee suffering injury in two cases; and the narrow sense of the vicarious liability includes only harm a situation to employees.Specifically, the meaning of vicarious liability is that the employer’s liabilities for the damage which his employee causes when executing duty.The initial prototype of vicarious liability is come from "abandonment v" system in the Roman "Twelve Tables". After scholars of Germany, the United Kingdom and other countries a series of developing, vicarious liability in modern society is widely established in civil law countries and common law countries.China’s current legislation already has provisions on vicarious liability.But the Tort Law and the interpretation of law on the 20 th [2003] are not the same,which is modified on the interpretation of law on the 20 th [2003].This paper discusses on hot issues related to vicarious liability using a variety of research methods.The paper discusses the academic mainstream theory such as the control and supervision theory and proposes legal basis for vicarious liability.The paper discusses the general criteria and specific criteria of judgment on the basis of discussing general standards and specific standards of conduct on duty.The paper, by using a comparative analysis method,advocates only in the employee’s willful misconduct or gross negligence, the employer can exercise the recovery right, and the exercise of the recovery right should have limits.In addition to the introduction of this paper, the main content is divided into the following sections:Part One:Overview of vicarious liability.This section first through case analysis in order to leads to the concept of vicarious liability,and analyzes the differences between the Tort Law and the interpretation of law on the 20 th [2003].At last,the paper analyzes the differences between vicarious liability and related concepts.Part Two:Theoretical basis for vicarious liability.This section discusses the academic mainstream theory such as the control and supervision theory,loss sharing theory and so on.Then,the section analyzes strengths and weaknesses of the various theories and proposes legal basis for vicarious liability.Part Three:Discussion on the employee’s conduct on duty.This section is the key part of this paper,which is divided into three parts to discuss:general standards of judging the employee’s conduct on duty,specific standards of judging the employee’s conduct on duty and the judgment of employee’s conduct on duty under special circumstances.The first part analyzes subjective criteria of employee’s conduct on duty, objective criteria of employee’s conduct on duty and general standards of judging the employee’s conduct on duty.The second part analyzes specific standards such as specific time and space standard,purpose and benefits standard and closely Standard.The third part analyzes prohibited act and bypass playful behavior.Part Four:Discussion on vicarious liability under special circumstances.This section focuses on distribution of vicarious liability in dispatch and helping activity.Part Five:Discussion on employer’s recovery right.By using a comparative analysis method,this section advocates only in the employee’s willful misconduct or gross negligence, the employer can exercise the recovery right, and the exercise of the recovery right should have limits.