Study On The Legal Problems Of The Double Compensation In Labor Dispatch

With the rapid development of China’s economy in recent years, the speed of urbanization, more and more labor force to the city, become the main body of legal labor relationship. Along with the economic pace, also including the awareness of people’s rights and the gradual rise of the belief of law. The labor dispatch as a new form of employment, in 2007 the "law of the people’s Republic of China Labor Contract Law" formally established in chapter to regulate the setting. In labor relations, to maximize the maintenance of the legitimate rights and interests of workers, especially when workers by the employer other than the third party infringement of personal right and casualty accidents, should be perfected to timely and efficient means of relief, is worthy of in-depth study of the problem. Even the late start of the labor dispatch has expanded rapidly and tend to the mainstream, still inevitably lead to new rights issues. Usually in such a situation, the victims and their families will choose to court for compensation for personal injury litigation and work-related injury insurance for damages, to compensate for the damage suffered by the aggrieved party. And when it comes to the labor dispatch legal relationship, the employer by the two parties into three parties, the legal relationship is more complex, the legal relationship of right relief is typically more trouble.China’s current labor dispatch system in essence to the employer provides an opportunity to evade responsibility, tort liability accident after the employer and the employer mutually making excuses, maintenance is not conducive to the rights of workers, more is not conducive to the development of the employment environment. Especially in the actual situation, many employers are not in accordance with the law for the workers to provide social insurance costs, but lack of funds by labor units issued by the money. Once the employee to work suffered personal tort damage, often employing units to undertake the industrial injury insurance compensation should not be undertaken by it. In view of the "interpretation" of the Supreme People’s Court on Several Issues concerning the application of law in the trial of personal injury compensation cases caused by the provisions, the employer other than the third person tort of personal injury compensation rights of workers, asked third people to bear the civil liability for compensation, the people’s court shall support. So often causes, injured workers have the right to receive double compensation, and double compensation payments are issued by the employers. This approach is consistent with the law is not reasonable.Therefore, the research work of this thesis is based on the existing laws and regulations on labor dispatch in our country, which is the dispatch of industrial injury compensation and personal injury compensation can be double compensation. The analysis and comparison of different through the range of double compensation and tort compensation limits, to study the correlation of unreasonable and double compensation issues in judicial practice. At the same time, the ruling on the dispatch of the Supreme People’s Court on the double compensation case, to explore the labor dispatching case double compensation the rationality, responsibility and the highest form of liability, in order to improve the legislation of the lack of double compensation, the equal protection of the legitimate rights and interests.