Research Of The Tort Liability Of Personal Services

Special Provisions in Article35of "Tort Law" stipulates tort liability from personalservices, its provisions combined with day-to-day reality, there are two kinds ofinfringement of personal services infringing this special type of infringement by therendering of services causes damage to others due to labor, one of the rendering ofservices due to labor caused its own damage, Which provides labor responsibility inboth cases bear taken in two different ways. Legislation based on two differentcircumstances will personal services infringement within different responsibilities werediscusses. Study the civil liability of the infringement of personal services, the brunt ofthe problems need to be addressed is for personal services, that point to the actual rangeof personal services, and how to accurately determine its boundaries. Personal services,this paper first combing of labor relations, and the actual range of personal services thatare natural persons hired, that occurred in employment between the natural person; nextargument is the legal nature of the employment on legal interpretation, summarizedanalysis of the legal nature of the employment and concurrently with the contract of asimilar nature, commissioned compare Discrimination, combined with the personalservices unique to special factors, and then come to the legal nature of the personalservices, judgment for personal services performed in the difficult conditions. identifiedto provide the theoretical basis of the reference can be.Personal services from tort liability for services rendered in the personal servicescausing damage to civil liability and personal services in civil liability for servicesrendered damage, can be divided into two responsibilities can be said that theemployer’s liability in the field of personal services embody, the former embodiedaccept labor’s vicarious liability, the latter embodied to accept labor "industrialaccidents" responsibility. In accordance with the provisions of Article35, the formercase, no-fault liability accepted mode of labor responsibility, accept the case of the latter,the mode of labor responsibility fault liability. Provide labor by causing damage to civilliability for personal services, scholars generally called personal labor liabilitiesLiability in receiving labor bear no-fault vicarious liability on the basis of labor with therendering of services both to confirm acceptance establishment of joint and severalliability, the specific terms of such joint and several liability is not truly joint and severalliability; given to accept the right of recovery of the labor of an appropriate level ofservices rendered in the case of services rendered to the existence of willful misconductor gross negligence causing damage behavior. The services rendered damage civilliability for personal services, the paper argues accept labor to bear on the provision oflabor because of labor caused damage of both fair liability or equity responsibility incertain circumstances, on the basis of fault liability to fill to provide labor damage, withgood balance both the interests of labor with the services rendered.