Vicarious liability of employers
|School||China University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||Vicarious liability Employer Liability regime Responsibility Principle Legal consequences Employee Elements Tort Theoretical foundation Major countries|
Prosperous commercial activities of modern society, trade frequently, due to individual limitations, which require hiring others to engage in certain activities. With the rapid development of market economy, employment activities has become a universal phenomenon, employees engaged in employment activities and infringement of third party events are also emerging, employer vicarious liability resulting urgent need of legal norms. Although China has carried out the relevant provisions of this judicial interpretation, but there are still many imperfections, such disputes can not be resolved to provide a sound legal basis. This paper attempts to vicarious liability on employers define the legal meaning of the introduction of the theoretical basis and analysis, comparison reference countries (regions) existing legislative provisions of vicarious liability on employers from responsibility principle, Components and legal consequences of vicarious liability for the employer to China an overall system architecture: analysis of the relevant existing legal provisions in the Civil Code requires employers to vicarious liability of how ideas put forward in order to be able to vicarious liability of employers to establish and perfect the system to provide some useful reference. The article is divided Introduction, body and conclusion of three parts. The main text reads as follows: The first part, an overview of vicarious liability on employers. Employer vicarious liability refers to employers on behalf of the third party responsible for violations. Common law and civil law countries have provided a major employer vicarious liability regime. Employer vicarious liability regime is different from other similar system has its own legal characteristics, more long-form theoretical basis. This section identifies the employer vicarious liability regime connotation, made a distinction between its associated regime, more importantly, an analysis of its theoretical foundation for the later discussion of the system was foreshadowing. The second part of the normalized vicarious liability on employers liability principle are discussed. Mainly attributable to the principle of fault liability principles, the principle of liability without fault, and the principle of presumption of fault liability and fair. I introduced these three principles, analysis and evaluation, that imputation system of tort law, including the principle of fault liability and no-fault liability principle; comparative analysis of the major common law and civil law countries (regions) vicarious liability for employers responsibility principle, I believe that China should adopt the principle of liability without fault vicarious liability as an employer responsibility principle. The third part discusses the constituent elements of employer vicarious liability and legal consequences. Employer vicarious liability has three constituent elements: the existence of an employment relationship, employees carry out their duties and act as a tort actions of the employees. Focus on the first two elements are discussed on how to determine whether an employment relationship exists for the fulfillment of duties and make a few analytical standards; employer vicarious liability of the legal consequences, including external accountability and internal responsibilities. I believe that the main obligation of employer vicarious liability can only be the employer, the employee accountability within its internal obligations, does not belong to employer vicarious liability regime content. Entered into between employers and employees exempt employer prior to the third party liability provisions invalid.