The Legal Constitution Of Employer’s Liability And Tbrt Liabiuty Of Legal Persons

Since the implementation of reform and open policy, socialist market economy continuous improvement, Legal representative and staff harm to others when they performing their duties,and workers damage to others during the Employment Task, these events can lead to a large number of civil disputes which resulting Tort liability. We need precise rules to distinguish responsibility. Without these special rules of tort liability, we can’t determine tort liability, we also can’t protect the legitimate interests of victims. There is no provision in the law of tort liability of "Civil Law", therefore, the judicial practice are faced with how to supplement the corresponding rules to make up for the problem of inadequate legislation after "Civil Law" into effect.2003, enacted the law of 《Personal injury compensation interpretation》,article8. And article9.of《Personal injury compensation interpretation》 not only provides a comprehensive legal tort liability and employer’s liability, but also to fill the gaps in legislation, adapted to the real needs of judicial practice. However, elements not required by 《Personal injury compensation interpretation》witch help to distinguish between legal tort liability and employer’s liability. Under the strong institutional colors, this situation cause blurred distinction between two types of liability and applicable law confusion. How do we distinguish article8. of《Personal injury compensation interpretation》from article9. in the application of the law. The common problems in judicial practice rooted in the uncertain relationship between employer’s liability and tort liability of legal persons. The distinction between employer’s liability and tort liability of legal persons is difficult in legal theory and judicial practice. The author attempts to use empirical research methods, combined with relevant academic theory, analyze data from the judicial practice of China’s People’s Court case, research distinguishing criteria between tort liability and employer’s liability. By the studies the author suggest that the standard of distinction between the two is that the former is a vicarious liability and the latter is his responsibility, as a basis for distinguishing the employer’s liability from the tort liability of legal persons. Discovery the Rules of two type of liability and find a better way to solve problems in judicial practice.