On The Employers' Responsibilities, The Employee Against The Third Person

The employer responsibility is a kind of special infringement responsibility, which is clearly made law in different countries. But《General Rules of the Civil Law in PRO》has no clear statement . Domestic scholars have massive research and put forward many constructive theories, which are reflected in the Civil Code draft. This paper from the perspective of a comparative study of employer liability system and the establishment of internal and external aspects of the two recovery initiated discussions with the judicial practice and a summary of the experiences with a view to the employers'responsibility and accountability that make certain views and opinions.The article first part of the concept of responsibility from the employer based on the employer and the employer liability to a certain extent the concept of the definition, then discusses the theoretical basis for employer liability system-Several said that the liability of employers under attributable become practical effect -damage to fill more effective, it is our understanding of the system of employer liability which is a reasonable idea of the core values.The second part of the article focused on the responsibility of the employer elements think that employers should be responsible Elements considered in the following three aspects: First, the responsibility of the employer to set up a perpetrator (employees) infringement liability for the establishment of the premise. Secondly, employers and the perpetrator special relationship exists between, that is, the employment relations, the article pointed out that we should be judged as a control theory the existence of the employment relationship of the most important and most effective theory, and taking into account other factors comprehensive survey; thirdly, employee's behavior belongs carries out the duty scope, and standard as well as the related special factor carried on to the employee duty scope's general judgment has certainly analyzed.The article ends with the employers'liability principle,legal liability undertaking and the employer and the employee interior finally to the employers' liability asks to recompense the relations also to make certain elaboration. Through the quite suitable non-mistake responsibility principle and the mistake estimated that concurrently take the fair responsibility as the supplement principle the two's advantages and disadvantages, pointed out our country's employers liability system must be suitable the non-mistake responsibility principle to be more appropriate. Employers assume responsibility for the way the article from external accountability and the distribution of responsibilities within the two areas discussed.