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China 's Employment Liability System

Author: SunXiaoHui
Tutor: FengZhongQiu
School: Fudan University
Course: Legal
Keywords: Employment relationship Employment responsibilities Right of recourse Employment Liability Insurance
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 91
Quote: 0
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Abstract


Employment responsibilities, and in civil law known as the the Employment Liability \China's employment relationship is not naturally occurring, but along with the changes in the country's economic policy and development. This particularity makes compared to the use of human responsibility \With the development of China's market economy, the employment responsibility has become a very common and important type of tort liability, but a long time, China's legal small and scattered its provisions, has not in line with the needs of the developing reality. Thankfully, our legislation has been aware of the problem. After years of deliberation and three draft Tort Liability Act \Articles 34 and 35 of the Act, the liability system will employ the law officially confirmed, to make up for the blank on the law and judicial interpretation elevated to the rank of the law. Employment liability regime provided for in the Act, however, there are still many imperfections and omissions, will bring trouble to the judicial practice. Therefore, I believe that China's employment responsibilities there is need for further study, and make some recommendations. This paper consists of three parts, the first is the basic theory of employment responsibilities, followed by employment responsibility System Finally, the defects of our employment responsibilities and recommendations. The first part is the basic theory of employment responsibilities. First, the concept of employers, employees and the employment relationship, after analysis, to arrive at the concept of our employers, employees and the employment relationship, the emergence and development with particularity. Second is the employment of the concept of responsibility, including the legal basis of the nature and characteristics of the employment responsibilities. Through the study of comparative law, found that the the Employment Liability title more suitable for our country, its nature is your own responsibility. The second part of the employment responsibilities specific system. Employment Principle of Liability, A Comparative Study of the Principles of Responsibility by the civil law and common law systems, found that China's employment should be the responsibility of the principle of no-fault. Employment \Third, the right of recourse system theory and comparative law, of the right of recourse to the need for the employer's right of recourse demonstration of tort liability law. The third part of our employment liability system defects and suggestions for improvement. Imperfections and omissions in our employment responsibilities also the concept of an employment relationship exists no unified criteria of \the concept and scope of the employee, the provisions of the employer's right of recourse system, establish and improve the employment liability insurance system, coordination with other law applicable measures to improve the responsibility system of employment.

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CLC: > Political, legal > Legal > Chinese law > China and France
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