Confusion Of Judicatory Practice And Reflections On Vicarious Liability Institution Of Ordering Party In China

The constractual relationship become more and more frequent in the modernsociety, and the related disputes grow day by day, and the orderers bear vicariousliability is also increasing. However vicarious liability of ordering party is the lack oflegislation, and it leads courts facing the vicarious liability of ordering party cases todealing with difficulties. In view of this, the paper combined with a specific case, combsthe problems about the vicarious liability of ordering party in judicial practice and putsforward some suggestions for the vicarious liability of ordering party system.The second part of the paper is about the theoretical basis of vicarious liability ofordering party in judicial practice. It includes the concepts and classification, the basicrelationship, the negligence requirement, the nature of responsibility, and the doctrine ofliability fixation.The third part of the paper through a really is the case, may be present in judicialpractice as people in dealing with fixed vicarious liability cases when this problem, andtry to resolve these problems, and puts forward some ideas about the hirer vicariousliability system.The fourth part of the paper is about legislative status and its shortage of vicariousliability of ordering party, and making some suggestions combined with the third part ofthe analysis on the problem of judicial practice.In the fifth part, according to the full paper, I put forward some specific legislativesolutions, and try to make the legal provisions about vicarious liability of ordering party.It provides some theoretical supports for modification of "tort liability law" andcodification of the civil code in the future.