Employer's Liability Study

In recent years, by the development of the market economy and the opening of the market of labor to public, the relation of the employment is very general. There is a problem in the practice of law: when the employee violates other people's legal duty by an omission or a wrongful act, the liability assigns to the employee or the employer? In modern countries, in order to protect the injured party, liability is usually assigned to the employer. There are two meanings of the liability of employer, one is wide, the other is narrow. The wide one includes two sides, first, the employer bears liability of the damage of the employee when he is on duty, second, the employer bears liability when the employee violates other people's legal duty in working time. This dissertation only discusses the narrow meaning of the liability of employer, and researches the academic basis, the rule of assigning liability, the form of liability, the component of liability, and so on.First, this dissertation discusses the academic basis of the liability of employer, and this is the start. I think the liability of the employer is a kind of tort liability system. Also I studied some legislations and academic views at different times both at home and abroad for reference. Moreover, I use the methods of history analysis as well as comparison analysis to review the liability of the employer set in these materials. Basing on this, the academic system about the liability of the employer can be defined as controlling and supervising theory, risk shared theory and notice obligation theory.Second, this dissertation discusses the rule of assigning liability, and this is the difficult point. On the basis of analyzing the three theories which are fault liability, strict liability , both fault liability and fair liability, I think the rule of the liability of employer in our country should be the rule of strict liability.Third, the dissertation discusses the form of liability, and this is the highlight of the paper. The form of the liability of the creditor's duty is a new academic conception. I can take it to the territory of the system of the liability of employer, and concludethree academic views, which are the liability of myself, assigned liability, and joint liability. Basing on this, I define the form as assigned liability.Last, the dissertation discusses the component of liability, and this is the weight-bearing point. T here are many theories such as three components, four components, and five components, on the basis of analyzing these theories, I think the theory of three components is the best. It means that employee's behavior is tort, the relationship of employment between employer and employee, employee's behavior belongs to his function of his work.Even though I have made a study of the system of the liability of employer, there are also some problems, such as how to confirm the relationship of employment, how to compensate the employer, can not be resolved.