Legal Issues On Empolyers’ Vicarious Liability

With the development of market economy, employees providing services and technical services have become the norm. In the labor market,more and more people join the ranks of employees, and become a member of the chain of the employment relationship being. During the existence of an employment relationship, the employee due to the implementation of employment affairs infringement caused damage to a third person often seen, so how to coordinate the interests of employers, employees and damaged a third party issue is particularly important. However, look at the existing provisions of law, can be regulated and adjusted statutory bar on this issue is not much, this not only to the current practice of judicial responsibility of the relevant identification makes it difficult and confusing, but also makes the study of vicarious liability of employers have a broader space and prospects. Based on this, I hope to analysis current method through out,put forward a sound proposal employer vicarious liability regime, so that to better take advantage of the system. The full text is divided into five parts:Part Ⅰ:Overview of vicarious liability. First, the concept of vicarious liability for employers are introduced, then analyzed the characteristics of the employer vicarious liability and legal nature, and the brief history of alternative development and employer responsibility to sort out.Part Ⅱ:Introduction to foreign countries concerned employer responsibility principle of vicarious liability, comparative analysis of the vicarious liability without fault on the responsibility principle.Part Ⅲ:This section focuses on the employment relationship, employment matters, infringement and damage to the fact that these four aspects, clarify the employer’s vicarious liability Elements. To distinguish vicarious liability on employers between internal and external aspects of the bear responsibility, external responsibility is the employer obligations, internal responsibility as an employee for the ultimate bearers.Part Ⅳ:To analysis the existing laws system of vicarious liability on employers, and investigate the existence of inadequate legislationPart V:According to the corresponding problem, put forward a sound proposal.