In this paper, the employers' vicarious liability system to comb, and discusses the responsibility system theory basis, essence, characteristics, constitutive requirements and assume, put forward to replace the employers of liability fixation of employment is in difficulty. This paper expounds the content to place the following:In this paper, the author in the preamble mainly described employers' vicarious liability origin, also the brief explanation, and draw out the employers' vicarious liability judicial practice and legislation regulation problem.The first chapter, the reader can see employers' vicarious liability theory basis, the essence and characteristics, and see employers' vicarious liability and close the hirer responsibility, legal person tort liability and responsibility is to help workers in the difference between. The second chapter of the components of the employers' vicarious liability is discussed in this paper, the theory of part of employment support, and employees of executive duty behavior and tort "do. And the cognizance of the relation of hiring a demonstration of the author USES is the judicial practice case analysis method of the argument. The third chapter is to their employers' vicarious liability system derived from the system, but also the part that employers' vicarious liability share this system in this part of the paper, including not only the employer responsibility share standard external alternative, but also involves the internal share responsibility employers substitute problem, i.e., the employer undertake alternative tort liability, and the compensation for infringement after employees. In the fourth chapter, the author puts forward for our current employers' vicarious liability system improvement Suggestions, involves the have labor dispatching problem, unified employers'vicarious liability system problems, set related legal term problems and employers any right to question.Finally, the author in conclusion of the purpose of this article is to tell the reader, and express themselves to look forward to. |