Vicarious Liability Research

Vicarious liability has been considered the post-relief system is based on the specificrelationship of responsibility for the behavior of others, while countries that its provisionsare not the same, but almost all recognize that it is an important institution in the tort law.Vicarious liability of the core is characterized by the responsible person and the offenderseparation, and, Special relationship between the offender and the victim. Vicariousliability in our law includes the employer’s liability, guardian liability and other types ofvicarious liability. With the continuous development of China’s economic and social,economic strength and social status differences in the civil subjects gradually wideningcivil main forms of equality and not in exchange for substantive equality. In this case,will replace the research methods of responsibility from the responsibility of the remedyof alternative after conventional ideas to the study advance of the allocation of the burdenof new ideas, had the realistic significance. Inspired by new ideas, this paper analyzes theneed for perfect vicarious liability, and would like to explore the complete path of avicarious liability for the Chinese situation.This article is divided into four parts. The first part of the comparison, history,analysis method is used to study the concept, characteristics, imputation basis, andimputation principle of vicarious liability. The second part of the main methods of textanalysis researches our legal provisions on vicarious liability. The third part mainlyadopts the method of jurisprudence, sociology research vicarious liability perfectnecessity. The fourth part mainly uses the comparative method to explore the possibletwo paths of the perfect vicarious liability, vicarious liability of the road in order to find asuitable for China.