Study On The Virulence Responsibility Committed By The Party Providing Services

The development of the socialist market economy has promoted the prosperity of the market of personal labor relations in China,provided employment opportunities for the provision of labor services and brought convenience to the labor service parties,which has brought vitality to the labor market and has greatly promoted the social progress.However,there are also lots of problems behind the prosperity of individual labor market.The problems of infringement and breach of contract between the labor service provider and the labor service party are frequent in individual labor relationships.It is not uncommon that the labor service personnel causes to others injure or causes to himself injure.Among them,the service provider's infringement is very popular,and there are many research about rules of service provider's virulence responsibility,but the relevant laws and regulations are not perfect.The applicable problem of laws and regulations is very confusion in judicial practice.In this case,it seems very important to combine the relevant theories and the situation of our legislation,explore the distribution of the provision of services owner virulence responsibility and to balance the rights and interests among service provider?service recipients and the victim.In this paper,the tort liability for the provision of laborers in the labor service relationship is taken as the object of study,and analyzes the issues that the main body of the responsibility for the liability of the laborer(the employer's substitute responsibility in the individual employment relationship)and that the couple as the service provider harm caused by the nature of the tort liability.On the basis of analyzing the relevant laws,regulations and judicial precedents,this paper discusses the problems in the process of attributing workers' liability in the provision of labor service in China's personal labor relations,Perfect the provision of labor service personnel to identify the responsibility and improve the relevant husband and wife debt system recommendations,to providing a little reference to the future judicial practice similar case.In addition to the introduction and conclusion,this paper is divided into four parts:The first part: the case brief and the focus of controversy.This part takes a brief review of Mr.Bai's case,and on this basis,to extract the two controversial focus: 1.the problem of determining the main responsibility of provision of labor service personnel in personal labor relations.2.the problem of determining the nature of the debt arising from the husband and wife as a service provider to provide labor services.The second part: the identification of the main responsibility of provision of labor service in the relationship in personal labor.From the perspective of the theoretical basis,the legal provisions of our country and the application of law,the author analyzes the responsibility of the parties to the case on the basis of the specific responsibility of the replacement of the laborers and the joint responsibility of the laborers,and evaluates the relevant judgments.The third part: the couple as a result of the provision of labor services for workers caused by the debt arising from the nature of the problem.Combined with the relevant theory of controversy and the provisions of our law,to explore the couple as a service provider to provide labor services caused by the infringement of the nature of the problem of identification,in the analysis of relevant theories and laws and regulations,based on the case of infringement of debt The nature of the identification,and the results of the relevant judgments.The fourth part: according to the existing problems,from aspects of improving Liability for causing to harm to the party providing services and couple's debt rules,the author puts forward corresponding recommendations for the relevant tort liability issues.