Research on Employer Liability
|Keywords||the employers liability turns over to the responsibility principle employment relations duty behavior|
Develops fast along with the market economy, the productive relations, the production method have had the huge change, specially modern industry and commerce rapid development as well as social division of labor day by day fine, causes people being unable everything to kiss is, the employment relations occur the situation also becomes but frequently complex, the employers liability legislation has therefore received the universal value. The modern majority countries have established the employers liability system, had stipulated by the special legal norm the employer in carries out in the duty process to its employee the harm which creates for other people to undertake the liability of compensation, and undertook and so on aspects in this responsibility’s constitution important document and the responsibility to manifest with the general right infringement responsibility difference. In our country, the related judicial interpretation has also carried on the stipulation to the employers liability, but still had many imperfect places. But the employers liability system through manifests the law to stress to all quarters benefit protection, refracts the government to exercise the public administration function and in the economical regulation function macroscopic value guidance, has the very vital significance regarding the harmonious society’s construction. Therefore conducts the deep research to discuss the deep social function and the academic value, this is this article composes the original intention to be. This article through carries on the inspection to two big legal system’s major countries or the area of employers liability system, unifies our country to be related the stipulation and the judicial practice, from limits the employers liability to begin, to employers liability’s rationale, turned over to the responsibility principle, the constitution important document as well as the responsibility undertakes and so on aspects to carry on the elaboration, and unified our country to legislate with the judicial present situation, constructed to our country with consummates the employers liability system to put forward the legislative proposal. The full text is divided the introduction, the main text and the conclusion three major parts, the main text content includes:The first chapter, is mainly carries on to the employers liability survey introduced that and the employers liability which discusses this article defined in the narrow employers liability, namely the employer in administrates in the officiate to the employee to send the liability of compensation which the human harms undertakes. The author from employers liability’s concept, the legal characteristic obtains, infringed upon the right the responsibility the employers liability and the legal person, the agent responsibility as well as the employer and so on related right infringement responsibility has carried on the comparison, the discrimination to the employee achievement honoring an agreement assistant’s violation responsibility, and has carried on the inspection to employers liability’s historical evolution.The second chapter, mainly to has carried on the introduction and the analysis about employers liability’s rationale’s several typical theories, and thought that the employers liability rationale cannot sum up purely in any kind of sole theory, but should profit from each traditional theory and various countries’ law long, take benefit balanced as the core, the union economic development condition and the social progress degree overall evaluation.The third chapter, to current turns over to the responsibility principle about the employers liability three kind of legislative pattern to carry on the inspection and the evaluation, and proposed that our country employers liability system should comply with the trends in the world to be suitable the non-mistake responsibility principle.The fourth chapter, mainly has launched the elaboration to employers liability’s three constitution important document, and elaborated three important document respective judgment standard in detail.The fifth chapter, undertook to employers liability’s undertaking from the exterior responsibility with the internal responsibility undertakes two aspects to carry on the elaboration separately, and proposed that the employer might give through the insurance employer liability insurance the risk dispersion the society. The sixth chapter, has analyzed the question which in our country employers liability system present standard exists, and to consummated our country’s employers liability system to put forward several legislative proposals.