Research Of The Tort Liability Of Personal Services

Along with the rapid development of market-oriented economy in our country, the social division of labor is gradually refined, the individuality of industrial development is gradually weakened, and the power of group strengthens increasingly, which make the activity that to expand their own with the aid of others’ deeds become a common social phenomenon in modern society. Individual who has the capacity to work is basically in a relationship of service provider or service receiver, therefore, the damage caused by personal services is closely related to our daily life. The Law of Tort was passed in2009, and it has set a tort liability of personal services in independent provisions. This is the first tort liability in the form of independent provision in China, and has strong progressive significance. However, for this system, our country has few related statute laws, and the existing written provisions also have some improprieties in contents. It lacks of reflection on Scientific and operability of law, and few scholars made detailed and deep analysis on it. Therefore, to explore a kind of responsibility pattern that not only maximizes the protection of victims interests but also considers fair labor relationships has very important theoretical and practical meanings. Based on reasonable reference of the related provisions of employer responsibility at home and abroad, the thesis will integrate and innovate the system of tort liability from the imputation principle, the theoretical basis, and the responsibility to find a suitable share-pattern for the tort liability of personal services.