The Civil Liability Research Of The Third Person Violated The Employees’ Rights And Interests

With the development and improvement of China’s market economy, a large number of employment in the labor market has existed, the frequent employment activities for employees also brought a lot of occupation injury. Our country is lack of legislation on employment relations, causing damage in case the employee practice with a huge difference. China has no specific legislation to adjust the employment relationship, not only lead to unclear definition of the employment relationship, but also makes the judgment of responsibility lack of exact basis. The contradictions still existed in the legal relief provisions of employee personal injury. Theory of the third party against employee rights and interests, the nature of the responsibility the employers’ liability belongs to divergent no definite conclusion.Tong said that the third coupling between the employers and the debt based on the unreal joint debt relationship. Although Law gives employers to final tort liability subject(third person) recovery from the right, but such provisions are aggravating the suspicion of employer liability. So we can consider employers bear the added responsibility of the feasibility. This article to the third party infringement civil liability of the employee’s rights commitment problem as the research object, through the interpretation on Several Issues concerning the application of law in the trial of personal injury compensation cases hereinafter referred to as "personal injury explanation" and "People’s Republic of China tort liability law" hereinafter referred to as the "tort liability act" established employees injured when employers for different imputation principles are analyzed, elaborating employer apply no fault liability basis. At the same time, straighten out the insurance compensation and the compensation relationship by of employers and the third party liability issues of rethinking, and put forward some suggestions, hope to offer to the in judicial practice in dealing with the issue of a certain reference.This article includes three parts: introduction, text and conclusion.The introduction part mainly outlines the background, to those available in the literature for review and view carries on the reorganization analysis, on the scope of the study and research methods, thus initially establishing the research direction.The main body consists of five chapters. The first chapter first briefly the third person against the rights and interests of the employees involved in the legal relationship, also introduced two judicial cases of employee rights and interests of the dispute over the liability on Third Party Infringement and interpretation of the same case different judgement of the reason, to our country’s judicial practice in the deposit in the different treatment methods as a starting point, and then put forward and this paper studies some of the problems related.The second chapter is mainly on employers liability for in-depth analysis, elaborated the employer liability on the basis of the theory, clarify the employer to bear the constitution of the responsibility of the employees affected, the liability of employers nature exists mainly two doctrine of no fault liability and fault liability. In support of the no fault liability doctrine at the same time, list of employers in the "employee fault" and "force majeure" in two cases, the liability for compensation to reduce or remove the possible.The third chapter introduced the responsibility of the employer and the third person sharing problem, first of untrue joint debt are briefly introduced in this paper, based on the employer and the third person are unreal joint and several liability, explains the exercise of recourse to the rationality and of the right of recourse against the scope is discussed; on the introduction of feasibility of the supplementary liability of the employers and the specific how to apply the problem.The fourth chapter is the analysis to the relationship between insurance and tort compensation, that industrial injury insurance and employer’s liability insurance according to their respective properties in terms of the personal rights of employee security role; in employers covered by employer liability insurance of employee acceptance double interest is reasonable and to properly handle the insurance compensation and the compensation, and puts forward some proposals.The fifth chapter is on the third person induced damage on employee responsibility rethinking, from two aspects of optimization of employee compensation for victims of insurance system and improve and employment relations related legal mechanism proposed some suggestions, in order to balance the interest principle, and earnestly safeguard the legitimate rights and interests of employers, employees and the third party.