Employer Instead Of The Liability System

Along with social democracy macket economy system's development,engage relations has becomed a kind of very all-pervading social electrophoresis,so, the employee causes the condition that person damages in the process of implementation employer affair increasing by also gradually. It has produced a series of law problem from this right away: how to protect the aggrieved party responds? Should undertake responsibility directly or being undertaken replacement responsibility by employer by employee to damage? The current GENERAL PRINCIPLES OF THE CIVIL LAW OF THE PEOPLE'S REPIBLIC OF CHINA has relevant stipulations only on liabilities burdened by the legal Person for the Personal injure caused by its employees. As to the injure to the third person caused by the employees in wage labor relations the GENERAL PRINCIPLES OF THE CIVIL LAW has no regulations yet. Consulting the foreign experience of legislation ,it has been a legislative trend to establish the system of vicarious liability of employers. This discourse attempts to deepen the discussion through the comprehensive analysis on foreign legislative examples and thoughts about systems of vicarious liability of employers as well as the combination of our county's present legislative and judicial situations.This paper is organized these five parts,its main content is as follows:Section 1 is the employer replaces of the responsibility rationale.This discourse defines the concept of vicarious liability of employers;and compear it with Corporation tort responsibility. The employer replaces responsibility means in the employer-employee relationship, the employer is employed in the implementation causing third people damage in the affair process but should undertake liability for damages to whose employee. The employer replaces responsibility has a obvious difference with Corporation face its organ,its Legal representative and its Staff member's post delict the character undertaking responsibility has the obvious difference. Then, article analyse the basis originating from and developing replacing responsibility in analytical employer is upper, emphasize the rationale having set forth an employer replacing responsibility, points out an employer replacing responsibility fault legally logic speculate outcome, but be the compromise thing that society policy considers.Section 2 is the employer replaces the responsibility imputation. Employing perfect the design relating to a lot of system , among them imputation of the system legislation is that the employer replaces the responsibility system core problem. The article wields comparatively analytical method, rationality having discussed an employer by the fact that genealogy of law and continent following department every country legislation and the examination being unlike theory , analyse and estimate that to UK-US, undertaking nothing fault responsibility.Section 3 is the compose important condition of the employer replaces responsibility. Employer responsibility principle replacing responsibility system structure building a spirit there being no fault, its formation and general tort responsibility formation are different. It has three composing important condition: The first, between the employer and the employee existence employer-employee relationship; Secondly, employee's behavior belongs to the range carrying out post; Thirdly, employee's behavior composes a delict. The responsibility the employer is replaced exactly is to be satisfied with but be founded to be surrounding three important condition's.Section 4 is the responsibilities of employer. That the delict to the employee bears the middle , aggrieved party paying for legal relation produced by duty in the employer is natural subject of right. Who the main body is , educational circles has different views as for duty. In my opinion, the employer is really, the entity follows upper interested party and defendant in legal action. In inside responsibility , the employer has been bearing it to the aggrieved party , tort compensation for damages responsibility can require that whose employee pays for self hereafter, because of the loss undertaking responsibility but suffering to the aggrieved party, but this go after fulfill should take that the employee has deliberately or significant fault as premise temporarily.In that part, the employer brings about the result that others damages when carrying out post to whose employee , honors self s liability, but fault and the employee bear joint liability. This is different from regulation of our country currently in effect.Section 5 is about the basis of discussing the above-mentioned problems, main thesis comply with the real visual angle, analysed the defect that our country there exists in employer replacement responsibility legislation and judiciary at present,and it has suggested that our country founds an employer replacing responsibility system legislation choice.