Employer With The Tort Liability System Study

With the development of economy and the reform of the social and economic structure after the industrial revolution which took place in the eighteenth and nineteenth centuries, a wide variety of relationships between employer and employee has emerged accompanied with lots of injuries caused by the employees. The liability of the employer for the torts of his employees became more and more important in the civil life in contemporary society.Two basic types of solutions have emerged in contemporary law for the regulation of the employer's liability for the torts of employees. In the first type of solution, the employer is liable for his own fault in the course of tortious activity. In the second type of solution, the employer is liable for the other person's act , no matter whether he is himself fault in the course of the tortuous activity.In this article, we should compare with the two basic types of solutions through the review of the history of the employer's liability for the tort of his employees, and find out the reason for the development of the structure of the law in this area. There may be some problems in the prevailing solutions of the employer's liability for the torts of his employees in contemporary law. The main target of this article is to find out if there are any defects in the contemporary law and legal theories in this area, and try to make some proposal to solve the problems.This paper is divided in three parts mainly. In the first part, the basic concepts of the employer's liability is defined, and the relationships between the master's liability with some other kinds of tort liabilities is investigated. The second part is about the course and trend of the development of the employer's liability for the employees. The causation of the development is also discussed. The third part is about the reconsideration of the theoretical basis which support the stricter forms of liability...