The Third Person To Provide Services Suffered Case Responsibility

The Tort Liability Law of the People’s Republic of China is carried out formally since 2010. Because there is no a judicial interpretation, the Tort Liability act and its regulations and the supreme people’s court on the trial of cases on compensation for personal injury to explain some issues of applicable law the provisions of the inconsistent and even conflict, lead to a large number of individual labor disputes in judicial practice, especially in complex cases of the damage caused by the third person is difficult to get a unified legal interpretation and responsibility. In this paper, through a few typical cases of the third party to provide labor services victims of judicial cases, and put forward the research topic-accepting labor services, and the third person liability issues. Full text is divided into four parts:Put forward of the first part is the problem, and points out that under the current legal provisions, the trial main responsibility identification of problems in practice, there are still continue to use old method to apply the principle of no-fault liability principle of fault, the one-sided understanding of the law only consider providing labor services unilaterally fault and expand used employee options, such as the right of recourse against the employers. The second part Outlines determine the premise condition of this kind of case responsibility, from the legal relationship, this kind of case scope of accepting cases should belong to the paid personal labor relations, employment relationship as an upper concept of labor relations to distinguish and identity is not the focus of the case; In the cognizance of the fact that provide services to suffer the fact need to have a combination of three elements:time, space, and causality correlation. The third part is the main part of this article, the responsibility problem is discussed in this paper, from the theoretical basis, imputation principle to determine accept responsibility distribution three aspects between services and the third person should be based on principles of fault liability independently of each other their respective corresponding responsibility; The fourth part is the conclusion of this article, the author based on the above theory further up the judicial interpretation of the suggested draft.Full text try to unscramble the third party to provide labor services suffer case, explicitly accept labor relationship with a third party independent responsibility, hope the article can case of legislative interpretation, judicial guidance to make a reference.