Study Of Employer Responsibility For Legal Issues

The employer's responsibility is defined in the employment relationship,the employees caused damage to others when he engaged in employment activities,the employer should bear civil liability for the infringement.Employer's responsibility is clearly defined as a special tort liability in many different countries.Due to the special nature of China's national conditions,the employment relationship not be recognized for long time,so employer's responsibility has not expressly provided in."General Rules of Civil Law".At present,China's increasingly mature socialist market economy,individual and private economy is developing rapidly,wage labor have become commonplace,employees in the performance of their duties to a third party damage also occurred endless disputes.Faced with the objective needs of the situation and the Supreme People's Court on December 26,2003 released "personal damages trial on the law applicable to cases of" Interpretation of Several Issues Article 9 of the first judicial interpretation of the provisions in the form of employer's responsibility.Since the implementation of the provisions from the situation,to a certain extent,is to meet actual needs,is in line with trends in modern legislation.Owing to the fact that too simple,operable not strong, and difficult to apply to real life in many types of cases,it is necessary to discuss the employer's responsibility in depth and establish an independent legal system of employer's responsibility.The first part of the article is the connotations of employer's responsibility.In that part,the employer's responsibility for the author to determine the scope of proposed establishing " employer's responsibility" of the concept is reasonable,clearly the responsibility of the employer refers to the content of the employment relationship,the employer of its employees in the implementation of the Employment activities to a third person borne by the damage caused by the special civil tort responsibility and liability and related concepts employers a comparative analysis.The employer's responsibility in the traditional theory based on analysis and reflection on the basis of its theoretical basis for a reconfiguration.The second part of the article is the conditions that constitute an employer's responsibility.The author believes that the conditions that constitute an employer's responsibilities include the following aspects: First,the need for the existence of the employment relationship,during which the author comparative analysis of the employee and helper, forwarder,government service contract labor relations distinction;Second, the employee is engaged in the implementation of the duties of the panel commissioned by the employer acts,the author combinate the case for the light of the specific functions that the standard acts carried out a detailed analysis;Third,employee's violations caused harm to a third person,which includes two main parts meaning that the acts constitute violations of employees and damaged a third person have the facts.The third part of the article is the imputation principle of employer's responsibility.The author use the method of comparative analysis,the three foreign attribution principles were investigated,namely,the principle of the presumption of fault,the presumption of fault with the principle of combining equity responsibility.In the current two major domestic attribution principles advocated the principle of the responsibility is the principle of no-fault liability and the fault of the main principle of presumption of responsibility,the principle of the responsibility for fairness. Then the author draw conclusions that the basis of China's principle of employer's responsibility should be no-fault liability.The fourth part of the article is the community of employer's responsibility.The author first point out the main to bear the employer's responsibility in a clear,and several special circumstances of the employer's accountability are analyzed.In the next,the right to claims of employer's responsibility were discussed,Including employers' claim to employees and employees' claim to employers,and the insurance of employer's responsibility which is regarded as an expand of the claims to employer's responsibility is also discussed.The fifth part of the article is the legislative proposals to improve the employer's responsibility The author first analyse the defect of the legislative status of employer's responsibility,followed by the establishment of employer's responsibility general provisions of the legislative proposal,pointing out that we should draw legislative and judicial practice and pay attention to balance the interests of employers, employees and victims,so that establish the system of employer's responsibility of our country.