From The Perspective Of The Application Of The Law In The Last Part Of Article 35 Of The Tort Liability Act

Due to the responsibility of the damage to the service itself,before the implementation of the Tort Liability Act,it is mainly regulated by the relevant contents of the Interpretation of Personal Injury Compensation."Tort Liability Law" with the provisions of Article 34,Article 35 of the provisions of the two users to define the responsibility,which for the responsibility of the labor itself suffered damage to the problem,because the legislation was not yet mature and other reasons,Has aroused widespread controversy in theory and practice.This paper intends to analyze and discuss the application of the law in the latter part of Article 35 of the Tort Liability Law,so as to provide a reference for the trial in practice.This article mainly discusses the main body,the constituent elements,the legal application of the subordinate labor relations and the four parts of the employment recognition.The first part mainly defines and distinguishes the concepts involved in the responsibility of the service itself."Tort liability law" and "tort liability law" on this issue of different regulatory models,"tort liability law" is to distinguish between employers and individuals to form a labor relationship between the model,and "personal injury compensation interpretation" is the use of distinction Legal persons or other organizations as well as employers' employees.In particular,the definition of relevant concepts in the Law on Tort Liability is the first of our country,which is different from other legislation in other countries in the world,which has caused the controversy between the theory and practice circles to define and apply it.In addition,the concepts involved here will also be discussed as the breakthrough points of the compulsory labor relations which are subject to the damage of the labor service itself.Based on this,it is necessary to sort out the relevant concepts at the beginning of the text.The second part mainly analyzes the constituent elements of the responsibility of the service itself,which focuses on the principle of imputation.In the process of data collection,the author found that most scholars believe that the principle of the rules here is fault liability,but this paper argues that the responsibility for the damage to the service itself is a non-pure fault liability but the correct fault liability.A correct understanding of the principle of attribution will have a clear guiding effect on the specific responsibility of the case.The third part is the core content of this article,mainly on the "tort liability law" thirty-fifth of the scope of the application of the latter part of the theoretical and practical discussion.In the first half of the thirty-fifth article of the Tort Liability Act,the "labor service" should be in the broad sense of the labor service,and the "labor service" in the latter part of the law should,in the light of the intention of the legislation and the trial in practice,Is a narrow sense of the labor,excluding the nature of the labor relationship with the law applicable.In addition,Article 34 of the Tort Liability Act deals with the non-affiliated labor relations between the unit and the individual,taking into account the fact that there is no difference between the labor relationship and the non-affiliated nature of the service,Legislation intended to ensure the fair trial of justice,the proposed analogy "tort law" Article 35 of the latter part of the law applicable.The last part is to sort out and think about the relationship between the identification of employment and the responsibility of both the contract and the service itself.Which focuses on the relationship between the obligation to help workers and the responsibility of the labor itself.There is a lot of controversy in the theory and practice of whether or not the obligatory service should apply the thirty-fifth of the Tort Law.This article considers that it should be applied and will be carried out in this part.