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This thesis, “A Study on the Special Tort Liability of Employers in Mainland China”, focuses on the liability of employers in China. Given the recent rise of labor awareness, the importance of labor rights, and the size of population, China has recognized the importance of the management and development of labor forces no less than any other countries. However, the liability of employers was not regulated by Chinese general Civil Law. Since the entry into force of Tort Law on July 1st, 2010, Article 34 regulates the relationship between the employers and employees, whereas Article 34(2) states the liability of dispatched employees; Article 35 regulates the labor relationship formed between individuals. This thesis has 3 main parts. The first part, Chapter 1, is the introduction, which states the motivation of this research, its purposes, research method, literature review, framework and expected results. The second part is from Chapter 2 to Chapter 5, which introduces the concept of employer’s liability and its legal characterizations and types, an analysis of employer’s liability, the tort liability types of dispatched labor and a study of individual labor liability. Each chapter will include case studies and analysis. As to the third part, Chapter 6 is an introduction of relevant Taiwanese laws, the similarities and differences of employer’s liability. Chapter 7 is the conclusion and recommendation, which summaries the previous chapters, and suggests that Taiwan could learn from China’s employer tort liability related laws should any future relevant legislations happen. Taiwanese Labor law entered into force since 1984, it has gone through 17 amendments. However, the rights and working conditions of dispatched employees still has not been regulated and lacks proper protection. It is the sincere hope of this thesis that the draft of Labor Contract law and the Protection of Dispatched Workers, which both emphasizes on the rights of dispatched employees, will soon be passed by the Parliament, so that the rights of labors will be protected and labor conditions improved.
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