Employers' Vicarious Liability

Vicarious Liability of Employer is a special kind of responsibility which originedfrom ancient Roman law. With the development of large-scale socialized production andthe market economy,the phenomenon of hiring others engaged in the productionbecomes common. Vicarious Liability of Employer is becoming a important type ofresponsibility，majority of countries in the world’s has the rules about VicariousLiability of Employer,many has established a relative complete employer liabilitysystem,such as in Germany law, France law and American law.Although VicariousLiability of Employer has been prescribed in the Tort Law of the People’s Republic ofChina,there is still much to be improved. There have not rules of sexual harassment andsocial volunteer’s employer vicarious liability,it causes difficulties to the judicialpractice of law applies. This paper draws on existing legislation in many countries(regions) on the Vicarious Liability of Employer. With concrete examples, this paperdiscuss the Liability Principle, the kinds of Vicarious Liability of Employer, themethods of bearing liability of the employer, and give suggestions to improve thesystem of Vicarious Liability.