Employer's Liability Study

This article tries to discuss the problem of employer liability when his employee violates others on duty. This problem which is discussed by academic circles is closely linked people's life. The article includes five parts:Part one is about the general situation of employer liability when his employee torts others on duty. This kind of liability is that employer should take on compensation liability when employee torts others or result of some damage in the course of performing duty work. Employer liability when his employee torts others on duty is employer's own liability. Employee's acts just like extension of employer's. The theoretical basis of employer's liability is employ relations which bases on controlling relationship.Part two discusses the problem about duty principle of employer liability when his employee violates others on duty. The author analyzes the principle of negligent liability and the principle of strict liability by comparative law. The principle of strict liability should be the basis principle of employer liability when his employee violates others on duty. It can help the weak of the society. The principle of strict liability bases on public policy doctrine, so it can be adapted to the society well. Here, principle of employer liability can be divided into two parts: employer liability and employee liability. 'Strict' means that negligence of employer is not considered. But negligence of employee would be considered.Part three discusses the problem of requirements of the employer liability when his employee violates others on duty. These requirements are: the third person get damage, causation between employee's act and damage of third person, the act occurs on duty, and employee's act is tort. Duty act includes direct duty act and indirect duty act. The difficult problem is indirect duty act which is not easy to definite in social life. The author thinks that indirect duty act can be differed from normal act...