The Study Of Elements Employer’s Vicarious Liability

Since the development of tort law, which has increased the responsibility principle of liability without fault on the basis of the principle of fault liability on the original, while also increasing the vicarious liability on the basis of their own responsibility. Today, the academic study of the principles of vicarious liability is particularly keen. Where the employer’s vicarious liability is an important aspect of vicarious liability study. The reason for the rapid development of modern society and economy inseparable. In today’s world of advanced production technology and complex, while making the division of social production production and management of more detailed, hands-on producers and traders have been impossible. This requires the employment relationship should not only exist, but also large-scale existence. Because of the prevalence of the employment relationship, it must have a sound and reasonable requirements of laws and regulations to be standardized. The sound legal inseparable solid theoretical foundation, which requires us to vicarious liability on employers should be comprehensive, in-depth research. Elements vicarious liability of the employer is the employer vicarious liability theory very important part, it plays a key role in the theory. Because of its importance, it requires that we should be careful in-depth study.China’s " Tort Liability Act" on July1,2010began. Promulgation and implementation of a certain influence on the previous laws and regulations of this law. Elements responsibility for its alternative provisions in respect of the employer before the relevant laws and regulations played a role in the changes and additions. But there are still many shortcomings and defects, and now academia vicarious liability on employers as well as the requirements of the constituent elements of the definition of the standard is also very intense discussions Combined domestic and vicarious liability on employers Elements theory and legislation, analysis and research of today’s alternative requirements on employers liability Elements of the deficiencies and to make recommendations on this basis.In addition to speech and conclusion of this article, the total is divided into four parts:The first part of vicarious liability on the employer’s basic theory are introduced. Introduces the definition of employer vicarious liability, characteristics, as well as the theoretical basis for comparison with other similar responsibilities. Vicarious liability on the employer’s basic theory through a more comprehensive exposition of this section in order to form a deep understanding of the responsibilities. While this part is also paving the way for action from below.The second part of the employer’s vicarious liability Elements extraterritorial investigation. That standard theories of the major countries of the world are on the employer’s vicarious liability constituent elements of various elements for a more in-dopth study of its legislation on these issues are also a number of provisions. This part of the legislation by the relevant theory and case investigation of these major countries to understand the current situation of the world today. Absorb the essence of the understanding of the basis to remove the dross, the theoretical study of China’s legislative work and play the role of revelation or guidance.The third part of the legislative status of employer liability Elements substitute for analysis. By "Civil Law "、" personal injury compensation judicial interpretation " analysis and "Tort Liability Act" the relevant provisions, pointing out flaws and shortcomings in our current legislation exists. At the same time also foreshadowed the later part of the proposal.The fourth part of the employer to establish vicarious liability and the various constituent elements defined in the standard recommendations. This part is the most important part is the part of the measures put forward concrete solutions. The proposals to replace part by the employer’s liability for the constituent elements of the definition of standards and the establishment to make some contribution.