| Employer’s vicarious liability can divide into natural person employer’s vicarious liability and employing unit employer’s vicarious liability on different subjects, which is provide by Article34and Article35Tort Liability Law. My paper is on that natural person employer’s vicarious liability is distinctiveness. The foundation is the basic theory of person employer’s vicarious liability, the emphasis is the demarcation and applicability of person employer’s vicarious liability. Finally, the article briefly reviews the current situation of our country’s current legislation, and combined with the current judicial practice, to perfect the employer’s vicarious liability puts forward several Suggestions.The first part is the theoretical foundation of the employer vicarious liability. At first I summarized the basic meaning of the employer vicarious liability connected with foreign scholars alternative definition of the employer’s vicarious liability. Then according to the meaning I discussed the main features, which is favorable to distinguish between natural persons employers and unit of choose and employ persons of different employers, clarify the particularity of the natural person employer’s vicarious liability. At last I defined the theoretical basis of the employer’s vicarious liability which is a controversial issues that natural person do replace responsibility because the control and supervision and relationship between the employer,then I briefly analyzed dangerous theory, compensation theory, and ethics theory.The second part is about the demarcation of the employer’s vicarious liability. This is one of the important content of this article. Based on analyzing different viewpoints about the premise condition of the employer’s vicarious liability, I discussed the rationality that employer-employee relationship hired as the premise of the employer’s vicarious liability. And then by using the method of comparison, through the continental law system and common law of employment for inspection, analysis, evaluation,I affirm the supervision and control in the employment for standard definition method.Then it is the demarcation of the important condition,"for services",of the employer’s vicarious liability. At last I discussed the responsibility in detail.The third part is about the applicability of the employer’s vicarious liability.It with the second part come down in one continuous line. They are both the main content of this paper.The forth part is the analysis about the system of natural person employer’s vicarious liability At present in China’s legal system. I proposed some suggestions to perfect our country’s natural person employer’s vicarious liability through the analysis of the advantages and disadvantages of existing laws and regulations, and in view of China’s legislation and judicial present situation. |
