Research On The Employer’s Liability

As an important form of vicarious liability, employer responsibility occupies an important position in tort law. Scholars in the domestic and overseas have carried on many extensive researches and exploration, and many distinctive academic achievements have even been formed. The existence of employer responsibility play a significant role in modern society in which industrial production becomes the norm. It is able to coordinate the rights and obligations among employer, employee, and victim, and also maintain the employment relationship harmony and social stability. A long process has been cost for the system to be produced and consummated. In developed countries, the attitude for the employer responsibility in typical legislation has been developed from basing on principles of fault liability initially to treating the strict liability as mainstream gradually nowadays, and many employers liability issues related to theory and standard are formed in the meantime. In "The Tort Liability Law of the People’s Republic of China" promulgated in2010, employer responsibility is formulated in official form for the first time. But the relevant clauses content is brief, and no clear provisions formulates on many relevant problems, combining that the implementation time is shorter, some shortages in juridical practice has been exposed. In this paper, symmetrical discussions on employer responsibility have been done, and hope to further perfect our system of employer liability.The method of literature research and comparative analysis has adopted in this paper, the basic theory of employer liability were elaborated firstly, then the cases of employer liability legislation in China were evaluated and analyzed, and the components, imputation principles and ways of employer responsibility were discussed by contrasting and drawing on the experience of the advanced foreign legislation and classic doctrine. Finally, some suggestions were proposed for improving employer liability legislation in our country.This paper includes four parts:The basic concept of employer responsibility was elaborated in the first part. Including the definition of employer, employee,and the employment relationship, and also the origin of employer responsibility. Some comparisons between employment relationship and some similar related systems such as helper, contract, and labor relation have been done. And several different views on the basis of employer responsibility theory were introduced. In the second part, the constitutive requirements of employer responsibility were discussed. The components of the employers responsibility include the existence of employment relationship duty behavior of implementation and the establishment of the tort liability. In this paper, different theories on determining the establishment of employment relationship and different standards for duty behavior were explored in detail, referring to the classical theory of continental law system and Anglo-American law system. The author also put forward some views. The affirmation and assumption of employer responsibility were studied in the third part. Including the imputation principle of employer responsibility and the assumption of external and internal responsibility. Then the legitimacy of the victim’s choice and the right of recourse against the employer was discussed, and analysis of the design on employer responsibility at the point of Law and Economics has been done. In the last part, the legislation and its consummation in our country were described. The historical process of legal regulation for employer responsibility in our country was presented and the current situation of legislation was analyzed. The present legislation rules and regulations of the employer responsibility in our country are too simple, and the disunion of legal system, the faultiness of language, and the overly loose of employee responsibility exist in legal system. Some proposals for further improvement of employer responsibility in our country have been given in this paper.