Employers' Vicarious Liability

Assume the employer vicarious liability,broadly refers to the employer to the third employees in an employment activity of tort and employees in hiring activity in the responsibility of his own damage behavior.In the narrow sense,the employer's replacement of liability assumes the responsibility of the employer for the infringement of a third person in the employment activity.Specifically,this article,the term "employer vicarious liability for means of choose and employ persons(employer)to be users(employees)in hiring activity for damage caused by the third person's behavior,the infringement responsibility.Employer vicarious liability first originated from western countries,and for the employer vicarious liability in our country,in the "general principles of the civil law" the general opinions,did not make clear a regulation,to solve such problems only according to the relevant provisions of the "judicial interpretation on compensation for personal injury".However,in the law of tort liability law,there is no specific provision for employers' alternative liability,but the analysis from the employer's point of view.As a result of the relevant legal norms for the main body and behavior specificity expression has certain limitation,difficult to apply to the judicial case in actual life,so for the theory basis of employer vicarious liability of employers assume responsibility and bear the way need further probe.This article is based on the former,first of all,the concept of responsibility to the employer is briefly summarized to discuss the responsibility of the employer.Second,in the employers vicarious liability imputation principle is expounded,with the existence of different point of view,think of employer vicarious liability imputation principle should be liability without fault.Because that the employer to the employee's tort alone whether the presence of management on the fault,the status of the employer in employment relationship,determines the employer as the first responsibility main body.Based on the assumption of employer vicarious liability in the way,analyzes the external responsibility and internal responsibility,and analyzes the special form of the responsibility main body,according to the different laws and regulations as well as for the protection of the rights of the victim and the standpoint of the employees,conclude the same responsibility main body,points out that the employer's first responsibility as an external entity.In the presence of a certain condition,for the employer there is no fault in carrying outan employment contract,employees is important in the process of the fault or intentionally,shall enjoy the right of recourse against the internal allows employers to employees.Responsibility for employers after right relief way,according to China's existing laws and regulations and judicial interpretations,a further requires employers to analyze the rationality of the employees shall enjoy the right of recourse against the,through to the employers liability insurance,to discuss the employer after the implementation of responsibility compensation right relief way,in the protection of the legitimate rights and interests of the victim,can better protect the legitimate rights and interests of the employer and the normal operation of the employment relationship in the socialist market economy.In this paper,besides introduction and conclusion,the full text is divided into four parts.The first part mainly on the analysis of the concept of employer vicarious liability for simple,according to the different expression of the concept of Anglo-American law system and continental law system,and of employer vicarious liability in our country's relevant legal provisions,it is concluded that the employer vicarious liability is the scope of the framework.The second part of the story is a summary of the theoretical basis of the employer's replacement.It also analyzes the constitutive requirements of the two forms of the employer's alternative responsibilities and the responsibility of the employer in the way of different liability.The existence of an employment relationship between an employer and an employee in the form of an employer's alternative liability;An act of negligence committed by an employee;The act of infringement belongs to the position of the employee;Infringement behavior and damage result has a causal relationship between several forms by the employer under the principle of no-fault and to bear vicarious liability,through no-fault liability imputation principle,presumption of fault principle as well as the combination of fault liability and equitable liability responsibility principle analysis,apply no-fault imputation principle to imputation principles of employer vicarious liability in our country,in line with the national has always been the history of the development trend.The effective existence of two conditions can serve as a theoretical basis for employers to assume alternative responsibilities.The third part mainly is the manner in which the employer liable to replace the emphasis in this paper.Based on the employees from the victim's rights and interests and social status,think that only the employer as the first responsibility main body,the nature of the employer liable to replace.The responsibility of the employer shall bear the liability including external and internal responsibility two kinds of situations,analyzes the external circumstances,ground of relief under the employers liability and employer's rights legal relief way.For employers and employees within the responsibility,can through the form of laws and regulations,determine the salved,employers to employees but for the right of recourse against the legislation remains controversial in the judicial practice.Our country through the reference of domestic and foreign advanced relevant legislation and judicial experience,to the right of recourse against the rules,to balance the relationship between employers,employees and the third person,also can through the contract between them or in the form of legislation to determine the right of recourse against the establishment.About the determination of recovery amount according to the probability and the results between the economic responsibility to determine the scope of the compensation amount,reduce the economic loss of the employer,can make the employers to better exercise their own legal rights,to reduce the employer's liability under the principle of no-fault liability.The fourth part mainly analyzes the special circumstances,in the labor dispatch,between enterprises and companies,voluntary helpers and volunteers and employees in the process of service crime caused by loss of responsibility.Thinks that there are employees in the crime of losses caused by the responsibility of the employee's crime is not controlled by the employer,dominated by his will,shall independently bear responsibility loss.The issue of civil compensation involving criminal responsibility shall also be attributed to its own behavior.If the employer is responsible,it does not fit the employer's theory of alternative liability.