The Vicarious Liability Of Employer

Employers take on the vicarious liability is affect the interests of employers,employees and the third party. Because of this, the law of the employer’s vicariousliability should be adapted to the development of economic and cultural in our country.Employers indicate, retrain and control the behavior and will of employees, so theemployers undertake the vicarious liability for employee tort behavior.The articleexpound the concept, the imputation principles, the ingredient and the methods ofbearing liability of the employers. The provisions of the ingredient and the methods ofbearing liability of the employers is the same in various countries, the difference is forits imputation principle, including two principles, the principle of liability for faultand the principle of liability without fault. Considering the interests of the victims,now, most of the country rule employers undertake the no-fault liability, our law isrule the no fault liability too. Our law divided the subjects into units and individuals,The Tort liability law was formulated the vicarious liability of the employing unit andthe accept labor party in34th rule and35th rule. But the time of this research in ourcountry is not long, and the reality is complex, the tort liability law is still not enoughto solve all the disputes in the practice. This paper is analyzed and puts forwardopinions about the possible problems in our life. Pay remuneration not the necessarycondition in employment relationship.According to the provisions of other countriesas well as our country to employers substitute responsibility legislation purpose, thateven in the free conditions, if the employer have the power of supervision and controlfor employee behavior, the employer should undertake the vicarious liability. For theunderstanding of the "other", sure he third person are "other people" except for theemployer and to harmer, and "others" in employer vague bounds, behavior ability andcontrol from the supervision and two standard on the judgment, and determinewhether the victim for "others". The tort liability law in view of the recourseenvironment is too complex, and not make clear a regulation, but is not equal to denythat employers have right of legal recourse,and in this paper expound the right ofrecourse employers of conditions and range is discussed in this paper. The paper wascombines many mainstream theory and China’s basic situation, and the combinationof this country should apply to replace the employer responsibility situation. In thisrespect provide some references in the study of the theory for our country.