Responsibility Research

User's liability has been used for a long time in foreign legal theory, legislation and judicial practice. User's liability is the user's liability system of compensating the third party's damage caused by employee in the duty's activities. "User's Liability" is adopted in Japan, and in European countries it is generally used as "employer liability" . However, in China's Taiwan region, it is indicated as "employee liability" . The author thinks that "User's Liability" is more appropriate according to its features.This dissertation first studies the concept of user's liability and relevant regulations in different countries, relating with the relevant provisions in existing laws and analysis of scholars' tort law draft. And then the author analyzes theoretical basis, constitution elements, attribution principles and indemnity rights of user's liability. On the basis of comparing relevant foreign legal theories, legislation and judicial practice, the author analyzes relevant user's liability provisions of "Interpretation of the Supreme People's Court of Some Issues concerning the Application of Law for the Trial of Cases on Compensation for personal Injury" and absorbs the latest research results of user's liability and advances corresponding advices on user's liability legislation.In introduction, the dissertation describes the connotation and extension of the user's liability.The dissertation contains five chapters. The first chapter outlines and defines the concept of the user's liability. Then, the author discusses the development of the user's liability and relevant legislations in foreign countries, and gives a brief introduction of the legislative development track of user's liability in our country.The second chapter analyzes the regulations of user's liability in China's existing laws, judicial interpretations and discusses the scholars' draft. From "General Principles of Civil Law" to "Judicial Interpretation" , the author analyzes the existing regulations of user's liability from national foundation, and points out the inadequacies and revisions. And then, the author raises her own views on the relevant provisions in the scholars' draft.Chapter 3 studies the theoretical basis of the user's liability and introduces several current mainstream theories. And then the author describes the constitution elements of the user's liability, which includes: the existence of the using relationship,judgment of the using scope and infringement act of the employee. And the author cites general and specific judging criteria of the judgment of the using scope, and thinks the integrated judgment should be adopted on the basis of comparative analysis.The fourth chapter discusses attribution principles of the user's liability. The author analyzes and evaluates three attribution principles of Common Law and Civil Law by comparative methods, and thinks the adoption of no-fault liability principles more reasonable from the view of China's legislation development trend.Chapter 5, the last part, discusses the indemnity rights. By comparing the relevant regulations of different countries and areas in the world, the author affirms the existence of user's indemnity rights and raises that in order to spread the risk of the user's liabilities, user's liability insurance should be implemented. And then, the author analyzes the necessity and urgency of implementing user's liability insurance in other high-risk industries in addition to the compulsory motor vehicle traffic accident liability insurance in the existing laws in our country.