Analysis On Employer Vicarious Liability In China

With respect to the national character, our country belongs to thesocialist, laws do not acknowledge employees, employers as well as theexistence of employment relationship, for this reason, the employervicarious liability is always in the hysteretic state in the legislativeand judicial practice in our country. In order to address the problem ofdisputes resulted from employee infringement without legal basis in thejudicial practice, the legislative body, the judicial body and theeducational circles conduct a series of attempts on legislation,judicature and explanation of scientific principle or law in order toaddress such kind of problems. However, there are many deficiencies anddefects existing in the following regulations, the regulation in the45thArticle of Opinions on Many Problems Applying to Law of Civil Procedureof PRC, the regulation in the9thArticle of Explanation on Many Problemsof Hearing Personal Damage Compensation Cases Applying to Laws, even theregulation in the employer vicarious liability in the34thArticle in theLaw of Liability for Tort of PRC. For this reason, this text will combinedomestic and foreign theories on the employer vicarious liability systemwith emphasis on analysis and discussion on deficiencies and defects ofpresent employer vicarious liability in China to achieve constant improvement of national employer vicarious liability system.This thesis is composed by five parts except introduction andconclusion:The first part conducts brief introduction of basic intension of theemployer vicarious liability including definition of the concept of theemployer vicarious liability as well as outstanding features of theemployer vicarious liability. It aims to giving a united definition ofthe research objective of this thesis.The second part starts from the essence of employer vicariousliability, depends on establishment of principles relating to domesticand foreign employer vicarious liability and combines with nationalreality to discuss establishment of criterion liability in nationalemployer vicarious liability system.The third part depends on concluding the current legislativesituation relating to employer vicarious liability in national judicialpractice to lay emphasis on analysis and discussion on deficiencies anddefects relating to employer vicarious liability existing in everyspecific law and regulation, and meanwhile leads to several key problemsincluding undefined definition standards between national relating toemployer vicarious liability and employment relation, tort resulted fromformation of relating to employer vicarious liability against employees’behaviors.The fourth part mainly conducts brief introduction of the relievesystem on the aggrieved party relating to employer vicarious liabilityin two genealogies of law nowadays, and combines deficiencies and defectsrelating to relieve system on the aggrieved party relating to employervicarious liability in national judicial practice to conduct analysis anddiscussion.The fifth part puts forward perfect suggestions in allusion to deficiencies and defects relating to national employer vicariousliability including the concept of unifying employer vicarious liability,making clearly the definition standard of employment relationship,establishing employer vicarious liability as necessity of tort ofemployees’ behaviors as well as improving the relieve system on theaggrieved party relating to employer vicarious liability in our country.