Research On Imputation Principles For Employer’s Liability In Injury Suffered By Employee

Injury suffered by an employee in activities during his or her employment is a type of tort and tort liability, which is commonly seen in daily life. Assignment of liability may not only affect interests of employer and its employees but also extent of duty of care assumed by employees and extent of security obligation assumed by employer as for working conditions and environment provided for employees. Laws play a guiding role in social life to a certain degree. Way and proportion of assignment of liabilities assumed by an employer as required by law when any of its employees is injured in working activities conducted based on the employer’s will are directly related to subjective wishes of the party conducting such activities and the responsible party. Subjective attitude of the party conducting activities generated by the party’s desire to lead to or avoid a certain legal consequence may result in the objective condition of conducting a certain activity objectively. Therefore, great legal provisions or concepts may provide bona fide guidance to the party conducting activities and have an impact on bona fide performance of such civil activities.Based on consideration of the current situation of the labor market, the current working environment and condition of workers, degree of protection provided by an employer to its employees and the capability to provide guarantee, liabilities assumed by an employer for injuries suffered by its employees in working activities are discussed in this paper. In the first section, basic concepts and the current situation of employer’s liability for injuries suffered by employees are introduced in a brief way, through which readers may have a brief and clear understanding on this issue and thus may get involved in the circumstances of this legal relation. In the second section, through description of various provisions and legislative concepts concerning this issue adopted by other countries, readers may understand such provisions and way of handling. In the third section, imputation principles in China’s Tort Liability Law is introduced and evaluation and analysis on each principle are conducted, in addition to which advantages and disadvantages caused by each imputation principle adopted in determination of employer’s liability for injuries suffered by employees are assumed. In the last section, the author’s view on this issue and reasons for adopting any imputation principle are expounded, and issues required to be noted after adoption of a certain imputation principle are described. Employer enjoys benefits and also causes corresponding risks. Employees create benefits, but they also suffer those injuries when they occur. Systematic protection of employees at the legislative level during judicial practices can protect not only their interests but also interests of employer and social interests. Furthermore, clear definition of employer’s rights and obligations is suitable and beneficial for social development.