Employer's Liability Study

The employer liability is the liability of compensation that the employer should take to the tort of its employee during the process of implementing his job duty. which including liabilities that different ownership labor users undertake, such as labor relationship, employment relationship and helping relationship. This paper introduced the general theories of the employer liability and the traditional imputation principle of employer liability and clarified the nature of employer liability by analyzing the reasons of damages and different faults of employers. Based on this, it summarized the current situation and defects of our legislation on employer liability and put forward my own suggestions on perfecting the legislation on employer liability. This paper can be divided into four parts.Part 1: employer liability outline. This part first introduced the definition of the employer liability and then summarized the traditional theories of employer liability and pointed out their weak points. Since the theoretical basis of employer liability is the nomological origin for deducing the imputation principle, the analysis above lay the basis for the further expatriation in the following parts.Part 2: The imputation principle of employer liability. The author first introduced the main systems of employer liability at home and abroad and then analyzed all kinds of imputation principle and thus came to the conclusion that any single way of imputation is inefficient in either theory or practical application.Part 3: The nature of employer liability and ingredients. This part first analyzed the nature of employer liability. The employer liability has long been defined as the vicarious liability, namely the employer taking the responsibility for employee's fault with the purpose to protect the victim. However, the author holds that the employer liability also has the nature of one's own liability because the employer should be responsible for the selection, appointment and supervision of the employees, the direction for the work of employees, as well as the danger of the work assigned by him. Based on the dual nature of employer liability, the author then concluded that the liability should be decided by which kind of liability that the employer should take according to the nature of the employee's fault, namely the vicarious liability or his own liability. This part is the theoretical deduction of the whole paper and it drew the outline for the following expatiation on how to construct the employer liability system of our own country. Part 4: Improving the liability system of our own country. This part first reviewed and classified the employer liability which our legislation involved at present and on this basis pointed out the defects of our current legislation. Then, in view of the current situation of social and economic development, it put forward the suggestions on perfecting our legislation on employer liability system after fully weighing the interests of all parties.