Employer’s Liability In Judicial Practice

Employer’s liability is an important part of the tort liability theory. It is a legal liability that the employer takes for the employee’s infringement, based on a given relationship. In china’s existing civil law, the provisions on employer’s liability are not standard and perfect enough, there are many disputes among theorists, and its application appears difficult in judicial practice. This article is written to evaluate and analyze the disadvantages of the provisions on employer’s liability in the tort law by analyzing cases, to give some suggestion for future judicial interpretation. This article can be divided into four parts. In chapter1, from the meaning of the employer’s liability, considering the different from the employer’s liability and the general tort type of one’s own liability to determine the principle of liability burden. In chapter2, combining with the regulation in the tort law of The People’s Republic of China, the components of the employer’s liability has been discussed, it’s thought that there are three elements constitute the employer’s liability, there are the employment relationship, employee behavior is acted to fulfill a work, and the employee should take responsible for his behavior. The three elements are necessary, the employer’s liability can’t be concluded if whatever anyone is absent. In chapter3, by comparing relevant provision in personal injury judicial interpretation and in the tort law, researched the liability assignment in the employer in service dispatching, and in personal service relationship. Finally, based on. the current situation of china’legislation, some suggestion be provided to perfect china’s employer’s liability system.