Research On User Substitution Responsibility System

Increase in the level of China’s economy, accelerating the proce ss of market fully open in the background, the domestic market is the emergence of a new mode of cooperation, the company will o wn business by other agencies to handle. The new mode of cooper ation which breaks through the traditional management mode, limit,expand the business scope of the company, but at the same time t he company has some risks, there is a new problem-- in agency b usiness of other institutions are likely to damage the interests of thi rd parties. The countries and regions of the world have to adapt to the use of liability to its market, but bear in the system name and responsible way is different, the UK, USA countries such as the u se of "vicarious liability", the countries of continental law system u se "employer responsibility system", China’s Taiwan region, the use of "employment responsible person". On the issue of China’s provi sions are not uniform. This paper mainly discusses the use of peopl e in the course of performing their duties infringes upon the lawful rights and interests, by the use of liability system. In this paper, o n the basis of thinking and summary of the use of liability provisio ns of other countries and regions of the law, and unifies our countr y at present in the use of liability legislation and judicial practice, elaborates the basic theory of the use of vicarious liability, and ana lysis of China’s current lack of the responsibility system, puts forwa rd some suggestions for perfecting the system.The thesis main contents are as follows:First,describes the connotation and theoretical basis, the use of vicarious liability. First of all, the author defines the concept and th e analysis of the use of vicarious liability is used, and the use of; secondly, the nature of the use of vicarious liability are introduced;finally, a variety of related theory of vicarious liability existing in legal theory using the described and analyzed the advantages and disadvantages, and summed up the theoretical basis for the the use of vicarious liability system.Second, discusses the use of the alternative liability imputation principles, constitutive requirements. Firstly discusses the different re gulations of imputation principle of vicarious liability of all human aspects, followed by the analysis of China’s use of vicarious liabilit y in the imputation principle of the nature, the elements of the use of vicarious liability.Third, discusses the use of vicarious liability on the related issu es of accountability. Through the analysis of two aspects of internal and external responsibility to draw relevant conclusions, then analy zed the existing problems in the aspects of the right of recourse.Fourth, describes the current legislative situation in the use of l iability and then on the basis of the related improvement work. Fir st of all, the author introduces China’s use of legislation of the vic arious liability system, the use of vicarious liability system should be perfected in our country in the process of analysis. Then carries on the ponder to the existing problem of our country at present o n the basis of the foreign judicial practice, puts forward relevant i mprovement suggestions.