The Research On Vicarious Liability In P. R. China

This thesis, via the interpretation of Articles 34 and 35 in"tort law of P.R.China"focuses on the"Vicarious Liability"in mainland China. Associating with legislative experiences and schools derived from juridictions in countries of continental law system, this thesis fulfills its task in four parts as follow:Part 1: The concept of"Vicarious Liability"will be sketched in the perspect of its rheology and in comparsions amist the latest jurisprudential documents. As a criterion, this concept clarifies these distinctions between"Vicarious Liability"and"the liability of the organ of corperation",and"liability of natioal compensation". On the other hand, by comparitve study on constitutioal components and imputations of"Vicarious liabilities"on statutes in mentioned countries, the thesis concludes to the inseprable liasions of imputations and the train of thought in legislation. Also this thesis doubts about the character of Vicarious liabilities in China.Part 2: In this part, by inspections into the legislative and judicial practices in aimed countries and the interpretations to the articles on reinforced law, the imputation rule is reasoned against the disputs among the scholars.Part 3: The thesis proposts a brand new system of the constitutional components. By the way, it emphasises on the self-liability of the dictated. In this part, the transation of the niveaue from"labour contract"theory to"control and survilliance"theory, reveals the relationship between the dictator and the dictated, which is endorsed by some examples. The thesis sets the criterion of"task conducting"in the way of cases study and rheological study.Part 4: According to the distinguishing between"causes of inmunity"and"causes of rebute",this thesis discusses the resolutions to dispatch the causes of inmunity and rebute to vicarious liability. This thesis specifies in the various ways of liabilities on statute and in nature coordinates the suitable ways of liabilites to vicarious liability. To the disputable recourse of compensation , this thesis raises also its own pionts of view on this subject.