雇主替代责任.pdfVIP

Abstract Employers take on the vicarious liability is affect the interests of employers, employees and the third party. Because of this, the law of the employer’s vicarious liability should be adapted to the development of economic and cultural in our country. Employers indicate, retrain and control the behavior and will of employees, so the employers undertake the vicarious liability for employee tort behavior .The article expound the concept, the imputation principles, the ingredient and the methods of bearing liability of the employers. The provisions of the ingredient and the methods of bearing liability of the employers is the same in various countries, the difference is for its imputation principle, including two principles, the principle of liability for fault and the principle of liability without fault. Considering the interests of the victims, now, most of the country rule employers undertake the no-fault liability, our law is rule the no fault liability too. Our law divided the subjects into units and individuals, The Tort liability law was formulated the vicarious liability of the employing unit and the accept labor party in 34th rule and 35th rule. But the time of this research in our country is not long, and the reality is complex, the tort liability law is still not enough to solve all the disputes in the practice. This paper is analyzed and puts forward opinions about the possible problems in our life. Pay remuneration not the necessary condition in employment relationship .According to the provisions of other countries as well as our country to employers substitute responsibility legislation purpose, that even in the free conditions, if the employer have the power of supervision and control for employee behavior, the employer s