Download This PaperDevelopment of Employer’s Vicarious Liability: A Chinese Perspective
Ding, Chunyan, "Development of Employer’s Vicarious Liability: A Chinese Perspective" (2014) 5(1) Journal of European Tort Law 67 - 97; City University of Hong Kong Centre for Chinese and Comparative Law Research Paper Series Paper No. 2020/031.
32 Pages Posted: 2 Jun 2020 Last revised: 25 Nov 2020
Date Written: January 31, 2014
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.
Keywords: Employer's vicarious liability, Employment relationship, Course of employment, Employer's right to indemnity, Tort law, China
JEL Classification: K13
Suggested Citation: Suggested Citation
Chunyan Ding (Contact Author)
City University of Hong Kong - School of Law ( email )
6/F, Lee Shau Kee Building
Kowloon, Shatin, New Territories
Hong Kong
City University of Hong Kong (CityU) - Centre for Chinese & Comparative Law ( email )
Tat Chee Avenue
School of Law, City University of Hong Kong
Kowloon
Hong Kong