The Research On Employers Vicarious Liability

Since the employment relationship becomes widespread in various fields of social life with the rapid development of modern economic society, the number of personal injury or damage caused in the process of employment is increased constantly, which will inevitably involve a special kind of tort liability type on the tort law-employers vicarious liability. It is known to all that the definition of those important elements such as employers vicarious liability imputation principle, constitutive requirements, responsibility all together will influence not only the vital interests of employers and employees but also that of the victims while that fact we confront with is that our country’s legal system in this very aspect still exists some shortage, namely, the definition of employers vicarious liability rules is in dispute even in academic circles. Through comparative study of different national employers’ vicarious liability system and detailed analysis of the theory and practice of the legislation in China, the author discusses the problem of the employers’vicarious liability system and puts forward some relevant suggestions which will contribute to the improvement of the vicarious liability system in our country. The paper is divided into five parts.The first part offers an introduction to the formation and concept of vicarious liability system as well as the three theories which constitute the basis of employers vicarious liability.In the second part, this paper mainly discusses the imputation principle of employers vicarious liability. What’s more, by imploring and comparing the legislative cases of various countries concerning this very imputation principle, together with the explanation of the legislation evolution of vicarious liability imputation principle in china, the author of this paper analyzes the advantages and disadvantages, and then comes to the conclusion that our country should adopt no-fault liability imputation principle.The third part centers on the discussion of the three major constituents of employers vicarious liability, while making elaborate discourse upon the definition of the "employment relationship","duty behavior".The fourth part, including the study of the imputation principle of employers vicarious liability, expounds respectively the undertaking of external responsibility, distribution of internal duty, and employers’ ground for defense. The author of this paper further pinpoints that employers should shoulder external responsibility all by themselves and that employers should not be bestowed with the right of recourse upon employers.In the fifth part, the paper sets forth the legislative status quo of employers vicarious liability in China, evaluates the relevant legal provisions, and finally puts forward to consummate the system of employers vicarious liability in our country.