Comparative Studies Of Legislations On Vicarious Liability Between Inside And Outside Legal Unit Of Chinese Mainland

The term"vicarious liability"comes from Anglo-American legal system, for the convenience of academic exchange and research, there should be the same definition and category among different legal units, but in academia of Chinese Mainland legal unit, its definition and category are quite bewildering and inconsistent. Above all, this paper defines the disputable term and corrects its category, then, the paper extends to comparative studies of legislations on vicarious liability between Chinese Mainland and other legal units, finally, this paper makes several suggestions for legislation of Chinese Mainland in light of the results of the comparative studies.Part 2 of this paper clarifies the correct definition of vicarious liability in the first place: Vicarious Liability is a form of liability that a supervisory party (such as an employer) bears for the actionable conduct of a subordinate or associate (such as an employee) based on the relationship between the two parties. This form of liability exists not only in civil law, but also in administrative law and criminal law, Due to the uniqueness and systematism of vicarious liability in civil law, the research extent of this paper limits to vicarious liability in civil law. Then, the paper analyzes the structural elements of vicarious liability and particularizes several bewildering legal terms alike vicarious liability such as liability for special tort, liability without fault, strict liability, employers'liability, etc, So that clarifying its definition and unique position in liability for special tort. then, the paper presents other general situations of vicarious liability, such as classifications, legislation sources, and so on.Part 3 of this paper divides vicarious liability into the vicarious liability based on the supervisory relationship and the vicarious liability based on the employer-employee relationship in accordance with its foundational relationship. Secondly, the paper trys to respectively find them out from legislations besides Chinese Mainland legal unit such as Principles of European Tort Law, French Civil Code, German Civil Code, Japanese Civil Code, Italian Civil Code, Chinese Taipei Civil Code, American law, etc. then makes an analysis and summary for them. Thirdly, the paper trys to respectively find them out from Chinese Mainland statutes such as General Provisions of the Civil Law, Tort Law, Judicial Interpretation, and respectively analyzes and summarizes the vicarious liability statutes before and after the enforcement of Chinese Tort Law.Part 4 of the paper focuses on comparative analysis and respective summary of the vicarious liability based on the supervisory relationship and the vicarious liability based on the employer-employee relationship which are two main types of vicarious liability in accordance with the analyse result of comparative studies of legislations on vicarious liability between Chinese Mainland and other legal units. In which the main comparative objects are imputation principles of undertaking vicarious liability, undertaker and transferee ranges of vicarious liability, liability proportions of undertaker and transferee, undertaker's remedy, etc.Part 5 of this paper concludes what legislations besides Chinese Mainland legal unit can do for us and summarizes several suggestions to improve relative legal system of our country in light of results of comparative studies on vicarious liability between Chinese Mainland and other legal units. As a whole, Chinese Tort Law has improved Chinese vicarious liability related legal system, but it has also broke ex-system of civil law, therefore we should accelerate work process of coordination between new law and other civil statutes, logicize and systemize legislation on vicarious liability. With regard to the respective perfections of vicarious liability based on the supervisory and employer-employee relationship, there is also still a long way to go.