The Study On The Employer Compensation System

With the development of China’s economy, the social division of labor is increasingly clear fine,increasingly frequent transactions, the market gradually prosperity, used by people as a direct implementation of production activities, the instructions in the execution of employer tasks, often infringe upon the rights of other people, who bear the responsibility for compensation problems arising therefrom. Regulation of employer, was using the relationship between people and third people, with the people who emerge as the times require responsibility system."Tort liability law" provisions of article34-35of the employer liability, namely the employer take vicarious liability to be used by people in performing duties of the third person harm, this is in order to protect the interests of the victims, and for the people of their own legitimate rights and interests protection problem is not specified. At present, in China only in the judicial interpretation stipulates employer’s recovery right, but is too principle, applies only to employers vicarious liability afterrecovery, on the other employers can have the right to recover the stipulation notgiven the clear. Because usually prefer to study employing civil law circles of vicarious liability, research on the recovery right of vicarious liability shall be borne by the employerafter did not cause enough attention, so caused by people the rights and interests of the people in the judicial practice to get the effective maintenance is facing certain difficulties, violates the fair principle of civil law is the most basic so this paper try to discuss, do simple recourse to the employer, in order to present.The thesis discussed along two main lines, one is the basic theory of employer compensation system, two is to improve the employer compensation system, the former provides the oretical preparation and support for the latter.The first part, the basic theory of employer compensation system, this part with three chapters.First, analyzed the meaning, characteristics and classification of employer compensation. The employer liability system is the premise of employer compensation system, itis used in analysis of provisions of liability under the premise, that by people recover meaning; further analysis has the feature of derivative, legality, no faultand the balance of the employer recovery. At the same time, according to the recovery of the precondition and the recovery range is different, recovery will use people recover into the compensation paid bypeople and free people are.Secondly, discusses the basic theory of employer compensation system, which is the focus of this part. Based on the analysis of the domestic and foreign scholarson the main point of view, the theoretical basis of the employer compensation system mainly include the fair responsibility, balance of interests and risk prevention.Finally, discusses the elements of the establishment of employer recovery. That isthe employer has the right to recourse to be used in any case, mainly includingtwo aspects of objective and subjective elements, objective elements include theemployer to bear the liability for compensation and used alternative peopleimproperly duty behavior, subjective elements include the use of human existenceis deliberate and gross negligence of two cases.The second part, on the basis of the oretical analysis, put forward own views to perfect the employer compensation system. Perfect mainly includes the choice of legislation mode, the right of recourse way of driving and employers liability insurance.First of all, introduced two kinds of people are relative legislation mode, the Anglo American law system and continental law system, the legislation mode implied express legislative mode, based on the analysis of our country about there sponsibility of employer’s right of recourse on the legislative status, legislative mode selection theauthor suggest Continental Express, and suggestions for remodeling "infringement responsibility law" thirty-fourth.Secondly, a detailed discussion of the problem of the right of recourse of the running mode. For the recovery of the way, with people and be used between people who have agreed, according to the agreement, if there is no agreement,may deduct part of the employees wages, deduct part should be less than a certain percentage, but also consider the need to be used to maintain basic lifesecurity.A specific share of recovery, the author thinks that the state compensation between China and France about recovery national recourse in proportion to make provisions is worth learning, integration of sentence in the criminal law is determined simultaneously with the way, thus to determine the right of recourse share factor has an impact on the classification, including the specific factual circumstances, the basic fact plot two, with decisive influence is basic fact plot,basic file share also decided by it, and then combined with the specific factual circumstances make fine-tuning, the final effort to ensure that share bear relatively fair, reasonable.Finally, based on the introduction of the Anglo American countries of employer’s liability insurance system, the author analyzes the reason for the slow development of China’s employer liability insurance compulsory insurance, and puts forward that we should employers liability insurance and related legal convergence proposal.