On Vicarious Liability For Damages Caused By Persona1Service

Article35of “Tort Liability Law of the People’s Republic of China” makes a specializedprovision to distinguish the tort liability of individual service from the traditional tort liability ofemployer for the first time in the legislation. So far, the tort liability system of causing injury toanother in the individual service occupies an irreplaceable position. However, the provisions of thissystem in Tort Liability Law of our country are far from comprehensive. And some problems arosein the execution of the system. Based on the existing legal provisions of our country, referring tothe foreign law, this paper takes the opportunity of traditional employer vicarious theory to researchon the vicarious liability of causing injury to another in the individual service, so as to offer someproposals which are beneficial to the improvement and reconstitution of vicarious liability systemof causing injury to another in the individual service of our country.This paper have a more comprehensive view in vicarious liability for damages caused bypersona1services system by many ways, trying to make recommendations to the judicial practiceand legislative changes. In addition to the introduction, the paper divides into three parts:PartⅠ, this chapter studies the related regulations in domestic laws about vicarious liability ofcausing injury to another in the individual service and the classification of responsibility model inthe foreign laws, so as to explore a more reasonable model of vicarious liability of causing injury toanother in the individual service.Part II makes a study on the definition of The damage caused by the personal service of thevicarious liability.This chapter defines the vicarious liability from the theoretical development ofdifferent countries.it Introduces the basic theory of the vicarious liability, and analyzes thedeficiency, which demonstrates that the personal services of damages caused by the necessity ofvicarious liability responsibility.Part Ⅲ, This chapter takes the most important position, focusing on the analysis of Vicariousliability system deficiencies caused by personal services in China and the Conflicts of laws, tryingto design a limited vicarious liability system which is more suitable to the situation of ourcountry.The last part mainly from the ideological content to the entity and then procedure toreconstruct a new institutional system.