雇员损害问题研究-法学·民商法学专业论文.docxVIP

ABSTRACTCases ABSTRACT Cases about Employee’S inj ury ar e common in judicial practice． Because of the imperfecttion of the law and the deviation when understanding relating theories，this type of case is also a hot spot and difficult question in the judicial practice． Combining real cases，this paper focuses 011 the main problerns in the judicial practice，such as defining the employment relationship,the nature of the employer’S liability,the way for employers to undertake the liability when the injury is caused by others，and so on．Under the existing legislation conditions，we should define the employment relationship by defining labor relationship，and distinguish it舶m contractual relationship，and sort out some specific social relationships accurately．While legislating,we should base on its essential character and common type and regulate employment relationship in the civil basic law with general—list-style combination of legislation．The Duty of protection and care should be not only a legal obligations of the employer but also a part of the employment contract．From this perspective．the employer’S liability is a competition with coincidence between tort liability and the liability of the breach of contract．We should discuss the constitution of the employer’S liability from the traditional civil law theories，and outstand causal relationship and fault liability must be applied．When the employee is injured by others，the liability of the employer and the tortfeasor falls in to the non-really-joint liability,and a II series series of specific operational problems Call be solved be applying the supplemental liability．It is hoped that this paper can provide useful suggestions for legal system of the employer’S liability and the judical practice． Key Words：Employment Relationship，The Duty Of Protection And Care，Non-really-joint Liability,Supplementary Liabilities 珊 目 目 录 中文摘要 I 英文摘要 ．．II 引言：，I ijj． ．． ．．．．．．． ． ．． ． ．．．．．．． ． ．．． ． ：．． ．．．．．．．．．． ． ．． ．．．．．．．．．．．．11 第