On The Specific Types Of Vicarious Liability

As the economy is rapidly developing and the lives are becoming more complicated, infringement is increasing in modern society. On condition of that, to protect the interests of the victim and to maintain the justice of society, vicarious liability system has been established in tort law system and has played an important role in real life. There is not the concept of vicarious liability in China's law, and it just appears in scholars'papers and draft civil code, but it does not be defined of its connotation and extension in those papers and code, especially of its specific types, that is to say, to which types of infringement vicarious liability is applied.If specific types of vicarious liability cannot be identified, vicarious liability will be narrowed or expanded and this will do harm to economic development and social justice. Therefore, this paper seeks to identify the specific types of vicarious liability through analyzing the origin and characteristics of vicarious liability and referring to the legislation of other countries.This paper is divided into three parts:Part I: Introduction. In this part, the relevant documents are summed up, and the reasons, the practical significance and the logical structure of this thesis are showed.Part II, the body of this paper, consists of four chapters. The first chapter discusses the origin and historical development , the concept and the characteristics of vicarious liability.Chapter 2, the main part of this paper, discusses the specific types of vicarious liability. Firstly, this paper quoted foreign law relevant to the specific types of vicarious liability, because the word Vicarious Liability itself is from the Common Law. In my opinion, in order to understand specific types of vicarious liability, it is necessary to understand how it is regulated in other countries. However, discussion about this is lack in our present articles, so the author introduces concerned documents. Section II describes the theory of specific types of vicarious liability in our country. Many scholars have confused vicarious liability and employer liability。In section III, some responsibilities , such as trustor responsibility , Dingzuoren responsibility, the responsibility to protect human security , educational institutions responsibility and responsibility for the injury caused by objects are excluded according to the characteristics of vicarious liability defined in part I.In section IV, the author analyzes the nature of the responsibility that the state takes for the work of state organs and their staff.Section V presents the core opinion of this paper. According to the source, the characteristics and theoretical basis, vicarious liability just consists of two specific types: employer's liability and guardians responsibility.Then in Chapters 3 and 4, the author discusses respectively the liability principles and elements of employer's liability and guardians responsibility. Conclusion: Through the above analysis,the author reveals that vicarious liability, that one subject takes responsibility for others'infringement on the basis of the special relation between he or she and the others, is a special type of tort responsibility. It mainly includes two specific types, namely, employer liability and duty of guardianship。These two responsibilities are applicable to principle of liability without fault. The establishment of vicarious liability system contributes to protecting the interests of the victim, and to maintain social justice.The main innovation:1. By proof, no-fault liability is vicarious liability come to the conclusion that there is a definite innovation.2. Second, this paper identifies which tort liability is consisted of vicarious liability system through discussing the source, the characteristics and the theoretical basis of vicarious liability. The research perspective of this paper is innovative to a certain extent and a relatively unique conclusion is reached.3. The third innovation lies in that this paper explores why vicarious liability is not applied to some responsibility like client responsibility, responsibility for educational institutions and the detailed analysis of the elements of guardians responsibility。...