Research On The Employer’s Liability In Tort Law

Employer’s liability has been provided in most countries’ tort law or civil codetoday. There are lots of cases that emploryee causes any harm to another person inthe execution of his work duty. As a result, the Tort Law of the People’s Republic ofChina, which was adopted at the12th session of the Standing Committee of theEleventh National People’s Congress on December26,2009defined and regulated theemployer’s liability for such cases. But the provisions regulated in the Tort Law aretoo simple to apply. To solve this prolem, we need to make clear the detailedmeaning of the relevant provisons in the Tort Law.This paper points out two cases about the employer’s liability in beginning, andanalyzes the main contents of the employer’s liability in the Tort Law, and finallyputs forwards my own views on how to judge those cases list in the beginning.Apart from the preface and postscript, this paper consists of four parts.Part one is an introduction. This paper illustrates two cases at first, andsummarizes and generalizes the primary questions discussed in the paper theemployer’s liability in the tort law, and then points out the researching significance.The second part summarizes the basic theory of the employer’s liability. Thispart mainly includes three aspects: Firstly, discussing the intrinsic quality of theemployer’s liability. Secondly introducing four mainstream theoretical basises aboutthe employer’s liability.Thirdly confirming the doctrine of liability fixation.The third part focuses components of the employer’s liability and analyzes howto share the damage between employer and employee.The last part is the conclusion. First puting forward the solution of the cases inthe beginning. Second analyzing relevant provisions.