Analysis Of Vicarious Liability From The Perspective Of "Tort Liability Law" Article35^th

The35th article of tort liability Act provides for individual employer’s vicarious liability system, and infringement of article34a different emphasis. Principle of liability without fault of the employer’s vicarious liability contains legal logic and practical disadvantages,it causes excessive damage to the interests of employers. In judicial practice, we need judge to use technical means to go through no fault to sins. Article35does not distinguish employees and independent contractor of liability with the independent personality, judicial practice easy-one size fits all cases. Employer’s vicarious liability requires an employer’s recourse system, right on the configuration of the harmful consequences, as decision factors, degree of fault as a reference factor. Employer’s vicarious liability on the allocation of responsibilities, not harm the employer should bear civil liability, vicarious liability system should exist independent of the exemptions. Law as the starting point, this paper layer analysis of vicarious liability of employers, benefits with a viewto the perfection of the vicarious liability regime.