The Research Of Employer's Vicarious Liability

China's tort liability law was enacted on 26th, December,2009,was implemented on 1th, july,2010. Tort liability law marks the emergence of new achievements. The new law will affect previous laws in some aspects. Employers' vicarious liability has detailed regulations. But some scholars still have questioned the tort liability law. This paper tries to analysis the system from some aspects.The first part explores the basic theory of employers' liability; the paper defines the concept and character of employer's liability, compare employer's liability with other concepts, in order to explain the alternative of tort liability law. The definition of employers' liability set the foundation of the thesis.The second part mainly discusses the principle of imputation of employer's liability and analysis the principles of imputation of liability in two law families. The imputation principle decides the classification of employers' vicarious liability. It's essential to research the imputation of liability, and concludes with the rationality of strict liability principle in the employer's liability. Tort liability law of china chooses No-fault liability principle.The third part analyses the constitutive element of the employer's liability. The thesis clarifies three constitutive elements of the employer's liability which are the employment relationship, the torts of the employee, and the employment activity. The conception of employment relationship and the employment are not clear, the author try to define these concepts. This part drew the outline for the following expatiation on how to construct the employer liability system of our own country.The forth part discusses the legal result of vicarious liability of employer. The legal result of vicarious liability of employer includes the employer to the victim and the inside liability between employer and employee. The author analysis the two aspects the above, and analysis the system of the employer's right for restitution.