Employer's Liability System. On The Law Of Tort

The Vicarious liability system is an important legal system closely relating to the subjects of the market economy, namely employers and employees. However, the vicarious liability system in China is not perfect enough to satisfy the demand of the market economy which is developing rapidly. The problems of the vicarious liability system in China consist of too limited application scope, unclear requirements, conflicted judgements by Courts, and etc. The different views also lie in academy.The Vicarious liability is discussed systemically in comparative study method in the dissertation in order to arouse more attention and encourage practical solutions to the problems. In the first part of the dissertation, a description on the definition and features of vicarious liability are presented. Then the characteristics and laws of development of vicarious liability are analyzed based on the study of its origin and evolvement.In the next part, a new requirements structure of vicarious liability are put forward to after an overall review of legislation and cases in China, other countries and regions, and an analysis of theories and principles in this field.In the last part of the dissertation, the deficiency of vicarious liability system are also analyzed, and then a new legislation proposal is envisaged, based on the situation and demand of China with the successful legislative experiences of other jurisdictions for reference. The most remarkable features of the dissertation consist of:The first is the comparative method taken in the dissertation. Compare the differences of legal systems in ancient time and modern society, in China and foreign countries, and probe the track and features of development of vicarious liability.The second is the positivism method taken in the dissertation. The vicarious liability system is discussed not only theoretically but also in way of positivism. The legal system and relevant cases in Anglo-American law and civil law countries of different times are also reviewed in order to take out some principles scientifically.The third is the new requirements of vicarious liability produced by the author. New requirements of vicarious liability are presented and expounded in the dissertation. The requirements of vicarious liability which are controversial in legal academy domestically and abroad are a test of vicarious liability.The last is the specific legislative proposals offered in the dissertation. With the intention to improve the legislation and practice of vicarious liability, the deficiencies are pointed out based on the study of positivism and comparison, and the specific legislative proposals are put forward in the dissertation.