Research On Chinese Employers' Recovery Right System

Right of recourse against the employers refers to by the using of the duty behavior cause infringement to others, employers liable to replace, in accordance with the law to exist subjective offence by users the right to recourse against. Although the interpretation on compensation for personal injury of employers salved made rules, but the scope is narrow, the principle and regulation, practice operability is not strong. The tort liability law rules on the vicarious liability of employers, only stipulates the right of recourse against the didn't of choose and employ persons. That whether employers in judicial practice, shall enjoy the right of recourse against and shall enjoy the right of the scale of recovery, often become the focus of controversy. Similar cases make a different decision also unavoidable. Lag in legislation, we not only damage the legitimate rights and interests of the parties concerned, marring the judicial credibility. The author by comparing the domestic and foreign about the employing of right of recourse against the legislation situation and various kinds of theories, combining the theory of tort liability law and the foundation of the vicarious liability, analyzes the current legislation on the right of recourse against the provisions of the shortage of choose and employ persons, and based on the analysis of choose and employ persons is a right of recourse against the establishment and exercise, on the basis of perfect Suggestions are put forward.Full text of choose and employ persons as the improvement of the right of recourse against the system as the main line, discusses one by one. First according to basic theory of the right of recourse against those of choose and employ persons, most were described briefly, and contains the relevant concepts, theories, characteristics and the classification of the right of recourse against and so on. And then to choose and employ persons of the right of recourse against legislative situation at home and abroad were summarized, and the current situation of the current legislation of our country has carried on the positive evaluation. After the establishment of choose and employ persons is a right of recourse against the system, this paper discusses the necessity and rationality of as bedding, to choose and employ persons entitled to recourse against any piece of composition. Finally proposed by employers legislative Suggestions of right of recourse against the system, establishing the system of limit condition of exercise of right of recourse against the difference, improve the system of the scope of choose and employ persons are salved. Also, to establish and perfect the employers liability insurance system.