Employer Liability System

The system of vicarious liability is based on practical reality as the other legal system. vicarious liability system is developed as the system of employment.since 19th century, employment system is increasely popular with the development of modern industry at the same time,management risk accompanying with the industrious development increased gradually,in which possibility of damages caused by the employee in the course of work are on the rise.at that time, vicarious liability is pointed out as a important law issue.The present do not provide vicarious libility,the article 45 of < Supreme People's Court on the application of < PRC Civil Procedure Law >'the employee of Individual industrial and commercial households,the rural land contract households, partner organizations in the production activities of the contract caused others harm, the employer is subject.'But this is just the provision of Procedural law, Supreme People's Court in 2004 promulgated the of which article 9 is the employer responsibility. However, because the level and the main limitations of the specific nature, it is difficult to apply, with the development of the market economy, private and individual economic prosperity, employment relations are more and more popular,it was necessary in the future to establish an independent system of vicarious liability in the Civil Code, This paper is divided into three chapters: the basic theory of responsibility from the employer, the vicarious liabilityconstituent elements, and workplace sexual harassment,chapter one demonstrate the concept of vicarious liability, the origin and development of vicarious liability in the evolution of our national...