Studies Of Employer Liability

With the continuous development of modern social market economy, it is impossible to do it all due tolimited capacity and ever-increasing scope. In order to meet the requirements of lives, work and causes,problems are better solved by having things done by other people who pay for you. As far as individuals,buying someone else’s labor will enlarge your capacity, and it is the natural selection of commercializedlabor. However, new problems emerge with the enlargement of individual capacity, one of which is whowill take up the responsibility if he or she has done something harm or damage to others. In the view oftraditional civil law, tort-feasors who take the responsibility of the consequence will find it hard to makecompensations because of the financial plights, thus the interests of victims cannot be rightly claimed. Tosolve this problem, law makers, on behalf of the interests of labor receivers, claim that the receivers shouldtake up responsibilities when providers violate the rights. This is often referred to as Employers liability.The one who offers to work is called the ‘Employee’, the one who receive the work is the ‘Employer’.Many countries have made relevant regulations. In our country, Judiciary Explanations Of CompensationsTo Personal Injuries and Tort Liability Law have also made rules.However, based on the lag nature and principles prescribed by the law, There are certain problemsabout these two laws on employer responsibilities applying to practical fields. Based on the current legalrules and relative theories, the author is going to sort out existing problems. The concrete structure and themain idea of the article are presented as follow:The first chapter sorts out relative concepts on employer’s relationship in different legal files.Furthermore, it makes remarks on employer’s liability basis. Despite different definitions such asemployers, employees, the labor providers and receivers and their extensions, the author regards theemployers as not only the one who receives other’s labor, but also illegal and legal person. Employees arethose who offer labor.‘Employers’ and ‘employees’ are the basis of this article. When making remarks onthe basis of employer’s liability, the following factors concerning designs of employers liability systemshould be taken into consideration: Employers can completely transfer and disperse risks; employers aremotivated to supervise and administrate their employees by means of system designing; the infringed arefully compensated quickly and effectively.The second chapter introduces the legal tendency of three imputation principles of employer’s liabilityas well as the non-fault liability principle and legal options in our country. The non-fault liability principleis regarded as a more reasonable kind by comparing these imputation principles, which is presented below:It is beneficial to social stabilities, the interest of the infringed, correspondence between risks and gains, and social management and progress.The third chapter makes analysis on external relationships of employer’s liability. Based on the widespreading of non-fault principles, it makes no influence on employer’s liability belonging to liabilityperspectives, though the premise and the pattern of employer’s liability are different. The legislative way ofemployer’s liability, tends to choose the ninth Judiciary Explanations Of Compensations To PersonalInjuries, namely, the combination between employer’s solitary liability and employer’s related liability. Themajority of the infringed in employer’s liability includes not only the third person but also other employeesand employers.The fourth chapter discusses about the internal compensation relationships of employer’s liability.Although Tort Liability Law in our country does not prescribe the right of recourse of employers, theyliterally have the facts and theatrical basis. The rules regarding employers’ right of recourse proceeds to beavailable in Judiciary Explanations Of Compensations To Personal Injuries In the meantime, the exercise ofemployers’ right of recourse should be restricted. Employers only boast right of recourse when employeeshave deliberate and grave malpractice, and when they take compensation responsibility. The malpractice ofemployees should adopt ‘the theory of objectiveness’ in concrete situations and other causes.The fifth chapter mentions the legal suggestion on the status of the infringed in employingrelationships and perfection of employer’s liability.It is necessary to note that Tort Liability Law the34thand35thprescribe respectively to Unit of chooseand employ persons responsible, Labor dispatching responsibility, Individual labor responsibility. Generallyspeaking, all these three liabilities go to Unit of choose and employ persons responsible. Because Unit ofchoose and employ persons responsible and Labor dispatching responsibility belong to the range of LaborLaw, this essay will only discuss the problems mentioned above in the view of Individual laborresponsibility.