Employer Liability System Research

With the scaling of industries, recruitment of personnel, which expands the economic scope of "employers", becomes common in the economy. And meanwhile, damage caused by the employee follows. So the employer’s liability, as a legal provision, came into being, taking the employers to respond.Article34and35of the "Tort Liability Law of the People’s Republic of China" provides for the employer’s liability, but such provision still has room for improvement. This paper analyses external legislation and relative theories, discusses the employer’s liability in our country under the theory of civil explanation. In addition, this paper looks into the relationship between Chinese employer’s liability system and other approaches. In four chapters of this paper:The first chapter deals with the basic theory, comprising the conception, legal basis, nature and principle of employers’liability, funding theoretical basis for the thesis.The second chapter the author examines constitutive elements-the existence of employment, tortious acts in the execution of his work duty, and he is at fault for infringement upon a civil right-of employer’s liability, and upon that, the author makes analysis on the legislation and proposed acts.The third chapter is about the accountability. Divided into two parts:"external accountability" and "Internal burden-sharing", this chapter includes analyzes on methods of assuming the tort liability. And later in this chapter, relative provisions are reviewed.The fourth chapter coordinates employers’liability and relative provisions. Based on the "Tort Liability Law of the People’s Republic of China", the author reviews legislations and its enforcement.