Research On Employer’s Liability For Tort Of Employee

With the rapid development of economy and society, the case of the employee’s tort is also increasing day by day, but how to bear the responsibility of the employer, the current law of our country is very few. In 2003, the Supreme Court issued the "personal injury compensation interpretation" Ninth, which provides that the employer based on the existence of the employment relationship should bear the responsibility for the damage caused by employees. Due to the principle of liability fixation and other issues have been controversial, in the judicial practice, "personal injury compensation" Ninth, although widely used, but there are various defects. Infringement of employers to employees how to bear the responsibility, the tort liability law article 34 is in integrating the interpretation on compensation for personal injury on the basis of article 8, article 9. The tort liability law article 34 after formally implemented, has rarely been used in the judicial practice. This paper is based on the analysis of judicial case, comparative study of the two laws of the legislative background, significance and disadvantages of, of employer liability system of our country made modest proposals.This article is divided into five parts to discuss the judicial practice of the employer’s liability in the judicial practice. The first part describes the employer’s liability for the tort of employees. The second part of the employer liability on the problems existing in the judicial practice. The third part of employer liability legal terms. The fourth part of foreign and civil code of Taiwan region employer liability. The fifth part of employee tort of employer liability problem of perfect proposal.