On The Employer's Liability

One notable characteristic of modern society is to hire someone to complete a task legally. However, who hold responsibility for the employee's damage by intention or negligence to other's legitimate rights and interests and the allocation of reliability of compensation when they were hurt during working time. The compensation reliability of employer and employee is a very important issue which not only relates to the stability of economical order of society but also to the personal and property security. The employment is regulated by the traditional labor law. Besides, there are many widespread cases of short-term employment for a specific task such as helper and housekeeper, etc. From a broad sense, the employment relation includes two kinds. One is that regulated by labor law and the other is that regulated by civil law and the characteristics of these two kinds of employment relation are very different. At present, most of the domestic research upon employer reliability in the civil relation and the labor relation are not differentiated. Two kinds of reliability are discussed disorderly and the questions such as the confirmation of the reliability and the doctrine of liability fixation are described unclearly. Distinguishing employer reliability under different circumstances can not be avoided.This article researches upon employer reliability in the civil relation and the labor relation in a comparative way so that it can make the system structure clearer and resolve practical problems of employer reliability. It is divided into three parts. The first part gives introduction about the employer which can be classified into two kinds: employer in the civil relation and in the labor relation. Then the article introduces the range and characteristics of the employer reliability. In part two, the description of external reliability of employer including employer liability for the third party in labor and civil relation in a comparative way. The article emphasizes the foundation of employer reliability theory, requirement and the doctrine of liability fixation, etc. Part three, describes the internal reliability of employer which including the employer reliability for the employee's industrial injury in labor relation and the employer compensation reliability for his damage to the employee in civil relation.In a word, the employer reliability is not only a complicated theory problem but also a practical one. The author insists that China establish a set of perfect employer reliability system, define the doctrine of liability fixation in allocation of the reliability of employer and employee and balance the interest among employer, employee and victim to adapt the requirement of expanding of employer reliability. As the Civil Code is drafting in China, setting up employer reliability system is a general legislative trend.