雇主替代責(zé)任制度比較研究.pdf

1、對(duì)外經(jīng)濟(jì)貿(mào)易大學(xué)碩士學(xué)位論文雇主替代責(zé)任制度比較研究姓名：李紅梅申請(qǐng)學(xué)位級(jí)別：碩士專(zhuān)業(yè)：國(guó)際法學(xué)指導(dǎo)教師：梅夏英20080501IIAbstract The business is prosperous in modern society, and the trade is frequent. Because of the individual limitation, people often ne

2、ed to hire others to engage in certain activity. With the fast development of market economy, the engagement activity has already become akind of general phenomenon and the incidents of employ

3、ee’ s infringing upon the third person have been more and more frequent, so the consequential employer’ s vicarious liability need legal regulation urgently. Employer’ s vicarious liability means the em

4、ployer takes the responsibility for employee where employee damages the third person during the performance of the working task. Its function is to balance the distribution of the loss and ris

5、ks between employers and employees. Though our country has already had relevant judicial explanation to regulate this, there are a lot of places to improve. Through defining the legal definition

6、 of employer vicarious liability and analyzing the theoretical foundation, the paper attempts to make a system framework to the responsibility principle, composing elements and legal consequence

7、of this act in order to find the better way to stipulating employer’ s vicarious liability in the future civil code. This article is expected to offer some beneficial reference for employer’ s

8、 vicarious liability in an all- round way. Mainly, there are three liability principles. In Chinese legal system, the employer should take the strict liability according to the interpretation of

9、 the Chinese Supreme Court, which states that the employer should take joint liability when the employee commits malfeasance intentionally or in serous negligence. Generally, there are three compo

10、sing elements of employer vicarious liability: the existence of the employer- employee relationship, employee’ s damaging others in a tort, employee’ s tort being in the process of carrying out e

11、mployer’ s task or related to employer's task. The legal consequence of employer vicarious liability includes external liability and internal liability. The person who compensates the damage sh

12、all be the employer. After taking the vicarious liability , the employer can ask the employee who did the harms to compensate his loss under several strict conditions. This system is designed