Industrial Injury Compensation Liability In Our Country Labor Dispatching Problem Research

Beginning in the 1990 s appeared in our country labor dispatching this way of recruitment, into this century, especially the <labor contract law>in 2008, as a kind of flexible and convenient special labor employment form has been widely used in practice, but it also brought a series of problems, especially the dispatched employee industrial injury compensation problem increasingly prominent, has attracted wide attention from all walks of life.<Labor contract law>although compares the industrial injury damages responsibility specific provision, after "Bylaw of industrial injury insurance", "social insurance law" and so on a number of laws also conducted more detailed provisions, however, due to the limitation of legislation technology level, between the many deficiencies. In specific adjustment mechanism of industrial injury compensation liability, appear even the tort liability law, liability insurance and industrial injury insurance law of the multivariate adjustment mechanism. Lead to a period of time, labor dispatching in the tripartite main body "fuzzy" between rights and obligations relations, industrial injury compensation legal relationship "complicated". As a result, the legitimate rights and interests of the dispatched workers how to maintain? Especially in the labor dispatch how to define the legal nature of industrial injury compensation? How to divide industrial injury damages responsibility? Has become a hotpots of legal theory and practice research and controversial issue.This paper mainly includes the following four parts:The first part mainly discusses the basic theory of the industrial injury compensation. Mainly includes the meaning of industrial injury compensation, property, labor dispatch relationship, the particularity of industrial injury compensation, as well as the related industrial injury damages imputation theory concerned.The second part is mainly aimed at our country labor dispatching industrial injury damages responsibility present situation and existing problems are analyzed. Mainly related to the labor dispatching in China several law as the breakthrough point, respectively expounds labor dispatching industrial injury compensation responsibility in practice, such as a way to take responsibility, jointly and severally liable, advance payment system, industrial injury treatment system, different legal regulation, industrial injury insurance system in at the same time points out the shortage of these rules and regulations and missing.The third part mainly introduces the abroad in labor dispatching industrial injury compensation liability legislation and practice. With the United States, Germany, Japan, the three typical countries, for example, respectively expounded the theory of "common employer", Germany mode of collective responsibility and compulsory treatment of industrial injury insurance system of Japan, and summed up the enlightenment to our country, such as building Shared the responsibility of the employer under the mode of sharing mechanism, perfect the system of collective responsibility system under the first payment, refined, compulsory treatment of industrial injury of industrial injury insurance standards, etc.The fourth part mainly put forward perfect our country labor dispatching industrial injury compensation responsibility. Including at the legislative level, improve and perfect the "labor contract law", "Bylaw of industrial injury insurance", "social insurance law on labor dispatch of industrial injury of relevant regulation of the liability for damages. In the judicial level, expand the labor dispatching industrial injury compensation in the judicial relief way and the relevant supervision and administration. At the social level, to further strengthen and standardize the responsibility consciousness of the staffing firms and accepting units, etc.