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Infringement Of Third Party To Provide Labor Services System Legislation Perfect For Compensation For Victims

Posted on:2018-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:J DiaoFull Text:PDF
GTID:2346330536475715Subject:Law
Abstract/Summary:PDF Full Text Request
The third party to provide services for those who suffer damages,is a special type to provide labor compensation for victims of the special type of infringement cases is,in practice it is quite complicated,but the existing legal provisions of this kind of relationship is very limited,especially in the exercise of claim rights and liability principle,there are a lot of ambiguity and gaps how to identify and deal with,given the discretion too much in the judicial practice,resulting in scale can not be unified,the exercise of the right to request is quite confusing.Tort liability law,will provide services for those who suffer damages for liability according to the principle of clear rules of fault,victims of labor led directly to the judicial interpretation of the supreme law request selection the right to lose the corresponding basis,given the poor convergence between the old and the new law,the author thinks that we should explicitly repeal the top corporate compensation for personal injury to explain the provisions of eleventh.Since the victim Labor is no longer entitled to infringement of third people and accept services for those who claim the right to choose,it should have a new system to balance the interests of all parties.In accordance with the principle of fault in tort liability law,formed between people on the nature of the labor relations in the third party,because of its relatively and the violation of security obligations of the responsibility is similar,the two in the main body,the principle of imputation,fault nature and interests is a high degree of consistency,there are maintenance so I think we should introduce limited supplementary liability in tort liability law,the third infringement caused by providing services by the victims,to clear third people assume the tort liability is the premise to accept the system of right of claim services shall assume the tort liability as the supplement.
Keywords/Search Tags:Infringement of a third person, Provide labor services, Right of claim
PDF Full Text Request
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