Research On The Competition Of Third Party Tort Liability And Employer Liability

In recent years,the rapid development of China's economic market has solved the employment problem and also brought about social contradictions,which has driven various social activities to change constantly.The employment relationship in the labor market is one of them.Due to the lag of legislation,the employment relationship is constantly causing problems in judicial practice,which lacks the best solution.One of the issues to be discussed in this article is the third party's injury to the employee and the need for the employer to assume responsibility for the problem in the judicial practice.There is no uniform and clear regulation on how to solve such problems in the current legal and theoretical circles in China.The mainstream view is that the employer assumes responsibility and then recovers from the ultimate infringing liability entity.Why can employers recover from the ultimate infringement liability entity since there is no joint liability relationship between them?Because they have a common debtor,the infringer--employee.It is precisely because of this relationship that the issue of compensation for employee injury caused by third-party infringement has not been resolved in the judicial and legislative fields,and the responsibility sharing between the employer and the third party is positioned as a non-real joint debt relationship,which has a suspicion of aggravating the employer's liability.From the perspective of the third party's tort liability and employer's concurrent liability,this paper expounds the third party's infringement,employer's responsibility and the concurrent liabilities of the two,and analyzes the disputes on the issue of liability concurrence in China's judicial practice,which outlines China's current legislation and predicament on the third-party infringement and employer's concurrent liability.Some suggestions for improvement are put forward so as to contribute to the handling of this issue in the future.The paper is composed of three parts:introduction,body and conclusion.The introduction mainly summarizes the purpose of this paper and the existing literature viewpoints so as to establish the research direction of this topic.The body is divided into four chapters.The first chapter first introduces two judicial cases.The different referee results appearing in the judicial practice of the same case are taken as the entry point,and then the focus of this article is put forward;the second chapter is an overview of liability coincidence.The principle of infringement and liability,employer's responsibility and imputation principle,and the theoretical basis of the concurrence between employer's liability and tort liability are introduced respectively;the third chapter focuses on the dilemma faced in dealing with the third party's infringement and employer's concurrent liability in the judicial practice;the fourth chapter puts forward some suggestions for properly handling the issue of the third party's tort liability and employer's concurrent liability on account of the current difficulties in judicial practice.the fourth chapter is aimed at the current difficulties in judicial practice.The conclusion is to outline the paper and further deepen the topic of the article.