Development of Employer’s Vicarious Liability: A Chinese Perspective
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Chunyan Ding
Abstract
This article reviews the development of employer’s vicarious liability in the context of China’s changing socio-economic background, through a systematic examination and analysis of the relevant legislative framework and judicial decisions. The current Chinese law has broken from the past restrictive socialist confines and recognised employer’s vicarious liability in a manner akin to that in the West. Nevertheless, the Chinese version of employer’s vicarious liability presents quite different legal rules with respect to the different categories of employment relationship recognised in Chinese law, the scope of employer’s vicarious liability, and the employer’s right to indemnity. This article aims to provide a better understanding of the Chinese law of employer’s vicarious liability for both academics and practitioners.
© 2014 Walter de Gruyter GmbH, Berlin/Boston
Articles in the same Issue
- Frontmatter
- Frontmatter
- Articles
- The Product Liability Directive – More than two Decades of Defective Products in Europe
- Time is Money? A Law and Economics Approach to ‘Loss of Time’ as Non-pecuniary Loss
- Development of Employer’s Vicarious Liability: A Chinese Perspective
- Case Commentaries
- Sufficiently Serious Breach of a Rule of Law Intended to Confer Rights on Individuals
- Motor Vehicle Operational Risk and Awarding Damages in the Event of a Traffic Accident
- Book Reviews
- Michael Lobban/Julia Moses (eds), The Impact of Ideas on Legal Development (Cambridge University Press, 2012), Comparative Studies in the Development of the Law of Torts in Europe, vol 7, xxx + 300 pp. ISBN 978-1-107-02711-4 (hardback).
- Paul Mitchell (ed), The Impact of Institutions and Professions on Legal Development (Cambridge University Press, 2012), Comparative Studies in the Development of the Law of Torts in Europe, vol 8, xii + 240 pp. ISBN 978-1-107-01900-3 (hardback).
- John Bell/David Ibbetson, European Legal Development: The Case of Tort (Cambridge University Press, 2012). Comparative Studies in the Development of the Law of Tort in Europe, vol 9, xii + 213 pp. ISBN 978-1-107-02177-8 (hardback).
Articles in the same Issue
- Frontmatter
- Frontmatter
- Articles
- The Product Liability Directive – More than two Decades of Defective Products in Europe
- Time is Money? A Law and Economics Approach to ‘Loss of Time’ as Non-pecuniary Loss
- Development of Employer’s Vicarious Liability: A Chinese Perspective
- Case Commentaries
- Sufficiently Serious Breach of a Rule of Law Intended to Confer Rights on Individuals
- Motor Vehicle Operational Risk and Awarding Damages in the Event of a Traffic Accident
- Book Reviews
- Michael Lobban/Julia Moses (eds), The Impact of Ideas on Legal Development (Cambridge University Press, 2012), Comparative Studies in the Development of the Law of Torts in Europe, vol 7, xxx + 300 pp. ISBN 978-1-107-02711-4 (hardback).
- Paul Mitchell (ed), The Impact of Institutions and Professions on Legal Development (Cambridge University Press, 2012), Comparative Studies in the Development of the Law of Torts in Europe, vol 8, xii + 240 pp. ISBN 978-1-107-01900-3 (hardback).
- John Bell/David Ibbetson, European Legal Development: The Case of Tort (Cambridge University Press, 2012). Comparative Studies in the Development of the Law of Tort in Europe, vol 9, xii + 213 pp. ISBN 978-1-107-02177-8 (hardback).
