Research On The Tort Liability Of Laborers' Damage To Employers

At present,both the academic and practical circles have studied the legal liability of employers for causing damage to laborers,while the research on the legal liability of laborers for damage to employers is less.China's labor law tilt to protect laborers as the basic value orientation,leading to the situation where the employer's legitimate rights and interests are often not fully protected in the case of laborers causing employer damage.Therefore,this paper aims to analyze the constituent elements of the employer's damage caused by the laborer,the employer's claim and restrictions,the easing of the laborers' full compensation responsibility,the laborer's tort liability with the participation of the third party,the comparison between the laborer's tort liability and the liability of violating the labor contract which causes damage to employer.The paper comprehensively and systematically states the legal liability that the laborer should bear when causing damage to the employer.From the perspective of balancing the protection of the legal values of laborers and employers,the author questions the irrationality of the current judicial practice that is excessively inclined to the laborers,and puts forward relevant suggestions for the practical circles to discuss.In the first part,the paper first discusses the constituent elements of the damage caused by the laborer,and compares the infringement liability between the special subject and the general subject,revealing that it is due to the imbalance of the subject.The main features that are caused.Subsequently,the first part focuses on the limitation of the employer's claim in judicial practice in the case of laborer's infringement,and discusses the applicable conditions of the restriction and the scope and extent of the restriction.At the end of the first part,this paper draws on the theory and practice of easing the principle of full compensation in tort law,and puts forward feasible suggestions for the mitigation of the full compensation of laborers.The second part of the paper elaborates on the legal infringement of the employer by the laborer and the third party,and the legal liability of the laborer,the scope and method of the legal responsibility,and the circumstances in which the laborer violates the damage caused by the labor contract.In these models,how the employer's claim should be protected and how it should be restricted.Finally,the paper expounds the similarities and differences between the legal liability of the laborer and the legal liability of the laborer when the labor contract defaults.In addition to proposing legislative technical solutions to solve practical problems,this paper also proposes the possible trend of changes in legislative thinking with the development of the times.In the future,the legal protection of workers should be more and more gentle until labor There is a balance between the status of the employer and the employer,or a fundamental subversion.Due to space limitations and the author knowledge,this paper still has shortcomings,I hope that outstanding people will criticize this article.