Employer Liability Legal Research Alternatives

With the development of China’s market economy, market transactions complex,institutions, enterprises or individuals employed by other organizations or individuals engagedin their part of the work or service is also increasing, which expanded the scope of activitiesof people in employment to some extent, enhance the company’s ability to improve theefficiency and increased competitiveness in the market. However, a problem arises in theprocess, he incurs hire people who perform the duties of the employment process willinevitably cause damage to third parties, who should bear responsibility in this process? Intheory, the occurrence of the damage was caused by the employment of human behavior, thatthe victim can claim compensation for servants. But people are employed generally weakfinancial capacity, lack of effective compensation of victims bound. On the other hand,employers who hire others to expand its scope of activities, then the responsibility should alsoexpanding, For this reason, all the provisions of the modern state was hiring people hirepeople to perform their duties due to the damage caused to others, liable. Meanwhile, China’s"Tort Liability Act" in the thirty-fourth, thirty-five vicarious liability on employers also beenspecified.Firstly, the concept of vicarious liability on the basis of an overview of the employer, inhis discussion of the nature of the employer’s vicarious liability process, I believe that thenature of the employer vicarious liability should be vicarious liability, while its control andsupervision of the theoretical basis of the theory that the loss-sharing theory, income andconsistent with the theoretical risk, hazard theory, public policy theory. Secondly, through thecomparative study countries imputation principle of vicarious liability on employers pointedThe behavior of employees belonging duties behavior, behavior of employees which shallbear tort liability on "employment relationship" and "duty conduct" were discussed. Andauthor for the study of the effect of the employer’s vicarious liability law believes thatemployers bear the responsibility after the substitution, the employee shall be entitled toexercise the fault recourse. Finally, the paper discusses in detail the legislation on thevicarious liability of employers to improve, that our country should be clearly related to thespecific provisions of recourse.