Paragraph 1,Article 1191 of The Civil Code of the People's Republic of China stipulates that in the case of duty tort,the employer shall enjoy the right of recourse after assuming the tort liability if the staff member has intentional or gross negligence.This is the first time that the employers'right of recourse is clearly stipulated in our civil legislation.Although it has resolved long-standing disputes,it only provides principled provisions on the right of employers to pursue compensation,lacking specific rules and judgment standards,and relevant judicial interpretations have not yet been issued.There are still many difficulties in practice,and it is necessary to analyze and clarify the relevant issues.This article first starts from the conditions for the establishment of the right of recourse,and discusses the constituent elements of the right of recourse for employers.Then,based on the analysis of the rationality of limited recourse,it explores the factors that should be considered in determining the amount of recourse.Finally,it studies the procedures and paths for exercising the right of recourse,aiming to provide some suggestions and references for improving the system of recourse for employers in China.
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