The Judicial Dilemma Which Is Lead By The Lack Of Employer’s Right Of Recovery

In the field of the traditional tort law, the liability of employer is a typical kind ofvicarious liability. The whole law system takes more attention on the employer’s duty,but less on the employee and victims’. In our Chinese law system, it seems that thistrend is very obvious, because the title “the employer can achieve the right ofrecovery when the employee’s fault or deliberation” is totally deleted, which makesthe benefits among the employer, employee and victim very unbalanced, and therelationship between employer and employee tougher and worse. So from the angleof this terrible situation, in order to deal with this unbalanced situation, thedissertation quotes some foreign laws and makes comparison between the law abroadand home to make sure the theories in the article are more conviction. Besides thatthis dissertation takes more consideration on the rebuilt of the characteristic of theliability of employer, exploring what the reasons leading to this result, creating moreeffective guidelines or formulas and finding an efficient legal route to reach the finaltarget.Firstly the theoretical logic: the paper focus on the difficulties which is leaded bythe loss of the recovery of the employer. Why the troubles happened? That’s allbecause the misunderstanding of the characteristics of the liability of the employer.So the main body of the paper is talking about the characteristics of the liability of theemployer. After which, the article focus on the effect of the faults, which is veryimportant on the theoretical basic for the existing of the right of the recovery of theemployer.Secondly the logic of dissertation:In chapter one：this chapter focus on the problem which is leaded by the lack ofthe employer’s right of recovery. A lot of side effects are following by removing theemployer’s right of recovery from the tort law. And the details are described exactly in the main body of the dissertation.In chapter two: this chapter focus on the analyzing how these serious legalproblems happened especially when the NO.34in tort law has come into legaleffectiveness. The main reasons are following as: the1st one is that confusingdefinition of the characteristics of employer’s liability; the2ed one is denying theexistence of the right of employer’s recovery; the3rd one is the lack of legalsupporting from the law of insurance.In chapter three: this chapter focus on exploring a legislative mode and aneffective route to deal with the legal problem above. By comparative studying andempirical research, make use of the advantages of foreign law system, to create a newlegal mode of employer’s liability, and give an effective legal advice to cope with theproblems due to the lack of the right of employer’s recovery.