Provision Of Services By Victims Of Responsibility

In modern society, the employment relationship is an important relationship in the social life. The deepening of China's market economy system development has driven to the promotion of the people's living level of consumption, while the emergence of more labor service activities between individuals. Increased individual services activities inject the boundless vigor and vitality into the market economy, refined the social division of labor, improved people's quality of life, and promoted the prosperity and development of the market economic; however, there is no denying that the increase in individual labor activities also led to more and more accidents in which the party providing services causes any harm to himself as the result of the services.The Article 35 of the Tort Law of the People's Republic of China promulgated in 2009 confirmed that the principle of liability to the party providing services is fault liability, which has revised the principle of liability that the employer liability is non-fault liability under the Article 11 of the Interpretation of the Supreme People's Court of Some Issues Concerning the Application of Law for the Trial of Cases on Compensation for Personal Injury promulgated on May lth 2004. The establishment of fault liability has for the first time defined the individual labor services relationship which provided a new idea for the judge to hear the case involving liability for harm to the party providing services; however, at the same time, the provisions of Article 35 of the Tort Law is more like principle statement and lacks actual practicability in judicial practice, and due to the legislative change on the principle of liability, people's court may easily has the inconsistent with the application and understanding of the law in the trial of such cases, which may leads to the different results under the same case facts.To resolve the difficulty to the trial of the cases involving liability for harm to the party providing services, since the Tort Law was enacted for seven years, through a long time accumulation and analysis of work experiences, from the initial stages of exploring to now, we have outlined the certain regularity. Through the research on the liability for harm to the party providing services, this paper points to the different between the liability for harm to the party providing services and employer liability, analyzed the legislative development and evolution of principle of liability to the liability for harm to the party providing services, analyzed the application of Article 35 of the Tort Law, sort characteristics of the cases, outlined the regularity of case handling. Finally, according to author's own work and actual situation, we have the conclusion that the party providing services should not be applicable to liability principles of no-fault liability. In addition, we cannot interpret the Article 35 of the Tort Law of the People's Republic of China as the fault liability that is a general principle of liability in Tort Law. The determination of liability for compensation to the party providing services should be combined with the rule of fairness. Moreover, this paper has presented the improvement of the relevant social security system, such as individual work injury insurance system and the author hope these reasonable suggestions will play a promoting and facilitating role in the improvement of liability for harm to the party providing services system.