Research On Compensation Liability Of Employers Caused By Workers’ Duty Behavior

It is obviously vital that the laborer’s application of the employer’s request to bear the responsibility for compensation and the realization of the results may endanger the survival of the laborer and his family members.In the current development process of labor law,labor law,as an effective way for the country to adjust labor relations,focuses on balancing the relationship between employers and laborers and protecting the rights and interests of laborers.Therefore,in terms of liability regulations,the legislation stipulates more on the responsibilities of employers than on workers.At the same time,domestic scholars and judicial practice have always paid attention to the research on the employer’s liability for compensation,but paid less attention to the employee’s liability for compensation,especially the establishment,scope of liability,and recovery procedures for the employee’s liability for property damage caused by the employer during the performance of his duties.Such core content lacks sufficient argumentation and analysis.At this stage,academic circles believe that the main reasons for the confusion of the employer’s liability for damages caused by the employee’s job behavior are: on the one hand,the principle of liability,the cause of compensation and the compensation standard are not stipulated,and the scattered local laws and regulations are low in rank,Unclear;on the other hand,the application of law failed to break the barriers of departmental laws,and the principle of limit compensation,discretionary reduction,and negligence were not included in the labor compensation system.Although some research results have been obtained.However,part of the research is only limited to the demonstration with the general civil damage compensation liability system,and lacks theoretical innovation and rich practical case support that are compatible with the laborer’s job damage compensation liability system.Due to the absence of legal norms,not only the pre-arbitration in judicial practice is falsified,the arbitration results are inconsistent with court judgments,and the judgment results of different courts are sometimes different,but there are also differences in the court’s determination of laborers’ liability and the proportion of responsibility.The dissertation has three chapters besides the introduction and conclusion.In addition to the introduction and conclusion,The thesis has three main parts:The first part is to use the method of case analysis to sort out and analyze 83 sample cases,to understand the judging viewpoints,judicial status and legislative insufficiency applicable to labor compensation liability for job damage in legal practice,and to analyze the individuality of different judgments.And the commonality,summarize the law.In addition,due to the special occupation of some workers,the compensation liability of such workers for damages caused by the employer has been stipulated in the Law of the People’s Republic of China,Law of the People’s Republic of China Notarization Law and other laws,so no further research will be conducted.The second part first explains the general theories and controversies of the employer’s liability for damages caused by the employee’s job behavior,analyzes the pros and cons of the employee’s liability for breach of contract and tort,and explores the theoretical crux of the case;Deficiencies in legislation and justice are found to find the reasons for the poor operation of the system;finally,considering the characteristics of labor relations,thinking about resolving theoretical disputes,paving the way for the third part of the argument,to provide a reasonable path for explanation.The third part explores the path to improve the compensation liability system for employers’ damages caused by the employee’s job behavior.By using the substantive norms and procedural rules and learning from the beneficial results of other countries,we will respond to the first two parts one by one,in order to provide reasonable compensation for the employees.Restrict,balance the economic and social structure of strong capital and weak labor,rationally adjust labor relations,and promote harmonious labor-management relations.