Study On The Liability System Of Damages Caused By Personal Services

With the development of social economy, people’s living standards rising, theindividual labor relations and in our society is more common, the resulting disputesare more and more."Tort liability act "thirty-fifth stipulates clearly that theindividual labor responsibility system, provides direct legal basis to solve this kind ofcase, has certain progressive significance. But this in terms of legislative technology,logic structure, rules, there exist many problems, many theoretical problems remainunresolved, especially for personal service liability imputation principle, constitutionand responsibility are controversial, has caused many troubles for judicial practice.Damage to people caused by personal services this paper, refers to the individuallabor relations, related tort occurred for third services provided the damage caused bythe services, not including the labor party due to labor and their damages. Based onthe careful analysis of characteristics of individual labor relations and employmentrelations, based on full investigation foreign employer liability system, discusses theliability caused by personal services of imputation principles, constituents andresponsibility theory, and analyzes the current legislative situation in China, putforward perfect personal service liability the proposal.This paper consists of introduction, text and conclusion, the main body is dividedinto five parts:The first part has defined the concept of personal services cause damage to theresponsibility of the. First point out the connotation of individual labor relations, andthen defines the concept of liability for personal services, finally with the employer’sliability, unit labor responsibility and obligations helper, comparison, and furtherclarify the liability caused by the meaning of personal services.The second part through the investigation of the employer’s liability for personalservice liability for damage caused by the comparison research, introduced theemployer liability system of continental law system and Anglo-American law system,and through the analysis of the macro advice on individual labor responsibility systemof our country two big legal systems the employer liability.The third part discusses the evolution of the system of employer liabilityimputation principle, and points out the issues and the present theory circle ofpersonal services to cause damage to the responsibility principle point of view. The fourth part discusses the elements and liability of damage caused bypersonal service commitment. Individual labor responsibility matrix elements arethree main service provider and service: the receiving party existence of individuallabor relations, labor service provider acts constitute infringement behavior, serviceprovider’s behavior belongs to labor behavior. Among them, that the difficultproblems in the theoretical research and judicial practice--"labor relations "and"labor actions" were analyzed. The final analyze of the external liability caused bypersonal services and internal rules of bear.The fifth part analyzes the legislative situation of carding liability caused bypersonal services in China, and finally puts forward some perfect personal services inChina, the damage caused by the system of responsibility for China’s currentlegislation shortcomings.