Research On Chinese Employer's Recovery Right System

Article 34 th of the Tort liability Law stipulates the liability of the employer,but it is not clear whether the employer can recover compensation from the user after assuming the responsibility.Although the Explanation on the Compensation of Personal Damages stipulates the employer's right of recourse,after the promulgation of the Tort liability Law,whether its lower law can be applied again,many problems have caused different decisions in practice,and the judicial trial has been chaotic.In the long run,the credibility of the country's judicial system will be damaged.Compared with the situation that our country legislation lags behind,most of the countries of Civil Law system and Common Law system in the world,the area in the Employers' Recovery Right legislation has matured day by day,the trial of this kind of case in the practice also rarely appears the dispute.The author believes that our country should draw lessons from the relevant legislative experience of foreign countries,take its essence from its dross,gradually perfect the vacancy in the legislation on the Employers' Recovery Right,and affirm the existence value and the great significance of the Employers' Recovery Right.Comprehensive consideration of factors such as the degree of fault between employers and employees to limit the scope of the exercise of recovery can protect the economic interests of both parties.This paper follows the thinking of problem raising,problem analysis and problem solving,and it is divided into four chapters:First of all,this paper makes a brief overview of Employers' Recovery Right,and analyzes the current legal provisions of our country from the aspects of civil law and labor law,and puts forward some unreasonable points.To lay a theoretical foundation for the following elaboration.Secondly,the legal analysis of Employers' Recovery Right,in the two aspects,it is deeply excavated from different angles whether Employers should enjoy the right of recourse to the laborer.Next is the foreign Employers' Recovery Right legislative reference and enlightenment.The Employers' Recovery Right is generally recognized in other countries and region.Although in countries where there is no clear provision in the law,the right of recourse can also be realized through other rules.However,there is a tendency to restrict the right of recourse from theory and practice,particularly in Anglo-America Law countries,where the right of recourse is usually not needed.Finally,the author analyzes the conditions for the exercise of the right of recourse and the design of the restriction system for the realization of the right of recourse.