The Disussion Of Perfection On Employer Liability

The employer liability is an exotic which is considered originated from a system of Quasi-private Offence of the Roman Law. It has other similar names in Chinese. Now, the provisions of the system of the employer liability should be perfected.The purpose of this paper is mainly to deepen the understanding of employer liability, we can also clear the confusion in the judicial practice.This paper adopts comparative analysis, case studies and other methods, discusses the main problems on the system of employer liability, and gives advices.In addition to the introduction and conclusion, the paper is divided in to three chapters.The first chapter is formation of employer liability. It is due to the staffs violation of the rights of others during performing duties. In this chapter the author discusses the relation between employer liability and traditional concepts. Employer liability is more accurate. The author also demonstrates the meaning, the nature and the premise of employer liability.The second chapter is the principle of attribution of employer liability which is also the theoretical basis of it. The chapter includes the analysis of principle of presumption of fault, no fault liability principle and the presumption of fault with the principle of equity. The evolution process of attribution of employer liability is also discussed.The third chapter is proposals about how to improve employer liability. It is also the core of this paper. The author puts forward two suggestions on basis of incomplete vicarious liability concept. First, the victim may request the person liable for direct infringement to bear appropriate additional liability in case that employer can't afford the whole liability. Second, regardless of prior agreement of both sides, employer can not recover all of the direct infringement. This is defined as limited right of recovery.