Development of Employer’s Vicarious Liability: A Chinese Perspective

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.