The Employers Vicarious Liability System In China

With the development of market economy, and detailed the social division of laborand people’s living standards continue to improve, the unit of their own business by beingused to handle has become a common phenomenon in society as a whole, which to someextent, to expand employmentscope of activities to improve efficiency. But while thebenefits of the various risks attendant to be used against the interests of a third person inthe process of carrying out their duties responsibility become the focus countries and theregion generally provided by the employer liable,but the title vary, the common law thatthe employer’s vicarious liability, civil law known as "the employer’s liability, Taiwan,China claimed that the Employment Liability. China’s "Civil Law" this is not specified,andin the2003personal injury compensation interpretation of9for the first time clearlydefined by the employer liable for compensation. Into effect from July1,2010thePeople’s Republic of China Tort Liability Act Section34provides for the employment ofalternative liability system, and use the terminology of "employing unit" and "staff".Vicarious liability of employers who, by employers who bear the responsibility of themeans to use against the interests of a third person in the process of carrying out theirduties.In this paper, combined with other national and regional legislation, the employervicarious liability on the basis of the provisions of current legislation and judicial practice,and clarify the basic theory of vicarious liability of employers who,and put forwardrecommendations to improve our country the employer to vicarious liability.In addition to the Summary and Introduction, the text is divided into five chapters,the following major elements:The first chapter, an overview of the basic connotation and Comparative Law of the vicarious liability of employers. This chapter first conceptually, define the employing the,be user and the connotation of the alternative responsibility. And then expounds theresponsibility to the alternative of the legal nature, specifying the typical alternativeresponsibility. At last, from the Angle of comparison, this paper expounds the continentallaw system, common law countries and regions legislation survey.The second chapter, discusses the responsibility of the alternative theoretical basisand to the principle. The first part of the chapter on the theory about the existence of someof the typical alternative responsibility theory is expounded, and analysis of the theory ofgrounds, and thus summed up the system for the theoretical basis. The second part is fromthe Angle of comparison, the responsibility of the replacement of the main liabilityprinciples discussed, and point out the legislation of our country at present the principle ofno fault liability imputation principle.Chapter3, discusses the responsibility of the components of the alternative. Thispaper will replace the responsibility of constitutive requirements boils down to three:existence labor relations, be user behaviour is performing their duties, the behavior ofusers of the act shall assume tort liability, and then the problem of all elements werediscussed.Chapter4, this paper discusses the responsibility of the alternative liability issues,this chapter through the external responsibility, internal responsibility two parts areexpounded, and discusses the essence of the right of related problems.Chapter5, discusses the responsibility of our country the replacement of thelegislative situation and perfect. Firstly describe the alternative legislation of our country’salternative liability, and in the process analysis of the existing problems, and then to solvethese problems, combining the experiences of foreign countries, and on the basis of ourcountry about the future of the alternative responsibility legislation put forward someSuggestions.