The Legal Effect Of The Employer’s Liability

As the progress on the application of the tort law in China，the theoretical studyon the tort law will increasingly be deepen. The Employer’s Liability is the inevitableliability form of the social division in labor, the aim of it is not only to full relief thevictim but also to balance the interest of the laborer and the employer and constructthe harmonious labor relations. So the analysis of the Employer’s Liability is the needof the social practice.By analyzing the internal properties of the Empolyer’s Liability, this paperdiscusses the effect of the Empolyer’s Liability from the perspective of the theory,combined with the judicial practice. Only understanding the intrinsic value orientationof the Empolyer’s Liability, can we understand the Empolyer’s Liability better, andhence use the employer more responsibility, making it exert its’ legal effect. Thispaper mainly discusses some disputing issues in the effect of the Empolyer’s Liability,so as to clarify some problem in employer’s responsibility. In discussing this problem,this paper also focuses on the bringing the foreign study in the Empolyer’s Liabilityinto the research of the Empolyer’s Liability in China, in order to improve the theoryarchitecture and the legal construction of the Empolyer’s Liability.Comparing the scholars views the home and abroad on the nature of theEmpolyer’s Liability, so can provide the theoretical basis for how can the employer bear the legal liabilities. And then this paper focus on the internal and externalstructure of the Empolyer’s Liability and the rights that bring on by the employerbearing the legal liabilities. Expecting give a good structure system for the applicationof the Empolyer’s Liability in our country and providing some theoretical basis forthe practice.