The Research Of Identification Of Employee’s Conduct On Duty

The damage caused by employment activities is common. The employer liabilitiy is the product of social development of our country. In 2010 the formal implementation of the ‘tort law’ law clearly stipulates the employer liability, but the conduct on duty of employer liabilitiy is not clearly defined. In this thesis, the basic system of employer liabilitiy is briefly discussed, essential elements of employer liabilitiy are elaborated in detail. This paper put forward various standards accustomed to different conduct on duty.This thesis is divided into three parts based on the distinction of conduct on duty and other conduct.In first part, the system of employer liabilitiy is briefly reviewed. Firstly, the definition of employer liabilitiy, criterion of liability and various theories are introduced. Secondly,three elements of the employer liability are discussed, the employment relationship between the employer, tort behavior and conduct on duty.In second part, the identification of conduct on duty is discussed majorly from the point of view of legislation, judicial interpretation, typical cases and theories.In third part, personal understanding of various standards accustomed to different conduct on duty is put forward.