An Empirical Study On The Liability Of Employer

The employer's responsibility is regarded as a special tort liability.The principle of imputation is the basis of the identification of tort liability.The complexity of employer liability cases determines the imputation is not a simple problem,"tort liability law"article thirty-fifth of the imputation principle of employer's liability by the uniform legislation,namely the affected employees employers' liability imputation principle of fault liability;the damage caused by the employee employer liability imputation principle of liability without fault.Through the collection of relevant cases of employer liability and concludes the analysis found that the current employer liability mainly has the following problems: one is the different imputation principles still exist legal provisions,namely the principle of no fault principle and fault;two is the same type of case in the judicial practice of the law responsibility principle,namely the same types of cases,some use the principle of fault liability,the principle of liability without fault;the three is the"tort liability law" and the "thirty-fifth provisions on Several Issues concerning the application of law in the trial of personal injury compensation cases the interpretation of"the ninth,eleventh Supreme People's court and the judicial practice,the employer's liability in legal terms is not unified,namely "employment relationship,some use employers and employees",some use of labor relations,labor party,labor party".In order to solve the above problems,we should study employer liability attribution principle from the perspective of legal theory and judicial practice,in order to improve the employer liability attribution principle system and modify the thirty-fifth article of tort liability law.The innovation of this paper is using the method of literature research and comparative research,through the collection of employer liability related cases were summarized and analyzed,research on employer liability problems,demonstrates the affected employees employer liability should adopt the principle of presumption of fault,combined with the compensation principle of responsibility system and employee damage caused by the employer's liability of fault should be adopted the principle of presumption,combined with the rationality of fair liability imputation principle system,and puts forward suggestions on the amendment of the relevant legislation.