Employer Responsibilities Research

The first paragraph of Article 9 of the Interpretation of Personal Injury Compensation explains that an employee is jointly and severally liable with the employer for causing intentional or gross negligence in the execution of a task.Later,the first paragraph of Article 35 of the Tort Liability Act replaced the original joint and several liability with the direct responsibility of the employer on the issue of the liability of individual laborers.Theoretically speaking,the provisions of the preceding paragraph of Article 35 of the Tort Liability Act should apply to cases of employee infringement liability.However,there are still many cases in judicial practice that continue to apply the previous judicial interpretation of referee cases.This is directly related to the fact that the Standing Committee of the National People's Congress has not directly cleared the judicial interpretation after the legal provision has replaced the rules established by the judicial interpretation.It also has the habit of over-reliance on the judicial interpretation in judicial practice and neglecting the value of the law itself,as well as the concept of conservativeness and justice of judges.The idea is not updated in a timely manner.To solve the problem of confusion in the application of laws in the practice of employee tort liability trials,it is necessary to change the practices in practice,to uniformly handle cases in accordance with the Tort Liability Act,and to issue supporting judicial interpretations to resolve the issue of employers' right to recourse.The article is divided into six parts.The contents of each part are as follows:The first chapter of the article is mainly about the relevant concepts.Define the concept and characteristics of the employer's responsibility,and compare the employer's responsibility with the legal person's own responsibility,the state's liability for compensation,the duty to help the tribute,and the responsibility of the responsible person.The second part of the article describes the legislative evolution of our country's responsibility towards employers.The third part of the article introduces survey data and points out that in China'semployers' liability judicial practice,there is a disregard for the change in the employer's responsibility under the Tort Liability Act,and the chaos of the relevant provisions of the Interpretation of Personal Injury Compensation is still applicable,and the reasons are analyzed.In the fourth part of the article,the relevant provisions of the Comparative Law are combed and introduced.Based on the relevant principles of employer responsibilities,it is pointed out that China should adhere to the provisions of the Tort Liability Act.In the fifth and sixth parts of the article,it is proposed that the Tort Liability Law stipulates that the employer's liability should be determined by the employer,and the reasonability must be demonstrated both theoretically and practically.At the same time,the employer's right to set up recourse must be established.Explain,and design a specific application mechanism for employers' right to recourse.