Research On The Employer's Right Of Recourse To The Employee

Since the implementation of the socialist market economy,the employment relationship has been rapidly developed.Employers grow their wealth by their employees and bear the liability when employees damaged others in the course of labor.Whether or not the employer has the right to claim compensation from the employee," the Supreme People's Court Interpretation on Several Issues concerning the application of law in the trial of cases on compensation for personal injury "(hereinafter referred to as "interpretation")Article 9 made a clear provision,affirming that when the employee has the intent or gross negligence,the employer can claim compensation from the employee,but the subsequent issued "tort liability law" did not raise the right of recourse to the legal level.Combining with the provisions of"interpretation" article 9 are too rough,resulted in the disorder and uncertainty of the applicable law in practice.For this reason,I try to use a case as a starting point,raising the thinking of the employer's right of recourse,sorting out the focus of the dispute,breaking through these arguments,in order to make some suggestions for the building of this system of China.In addition to the introduction and conclusion,the main body is divided into five parts.The first part mainly introduces the case concerning the dispute of the employer's right of recourse,which leads to the common controversy in the employer's right of recourse system,and leads the next step to analyze and solve the problem.The second part mainly introduces the prerequisite of the employer's right of recourse-the connotation of the employer's substitute responsibility,the theoretical basis and the doctrine of liability fixation.The third part mainly proves the employer's right of recourse,clarifies its foundation and the existence rationality,and introduces the foreign theory and the legislation.The fourth part mainly introduces the conditions and factors needing to be considered if we want to realize the employer's right of recourse.The fifth part mainly puts forward some suggestions on the existing problems of the employer's right of recourse system.Our country should perfect the relevant legislation,stipulate the employer's right of recourse to the employees,make details on the proportion of the recovery,the amount of compensation and the way of recovery.Last but not the least,making the employer liability insurance as a compulsory insurance.