Study On The Responsibility Of Third People To The Damage To The Service Provider

The system of adjustment of labor service providers in China has the "interpretation of the Supreme People's court<about the problems of the application of law for the cases of compensation for personal damage in the Supreme People's court"(hereinafter referred to as "the interpretation of compensation for personal injury")and the People's Republic of China empowered responsibility appointment law(hereinafter referred to as the tort liability law)in 2009,and the "employment of the personal injury compensation interpretation"."The expression is different.For similar legal relations," tort liability law"is expressed as" labor service ",and there is no clear legal provision for the relationship between them,which leads to the dispute of legal application under the labor relations.The principle of imputation of labor relations in the new law and the old law is not consistent.The law of the tort liability of the People's Republic of China belongs to the law,and it should be applied first,but there is no provision for the problems caused by the third party to the service provider,which leads to the absence of the legislative blank in the new law.the distribution of the responsibility for the third party with the labor service and the exercise of the right to request the labors.There are many debated principles about the order,the right of recourse of the Labor Party and the principle of imputation for the recipient.In theory,there are three views on the allocation of'responsibility between the third and the labor service providers,that is,the third party is responsible for all the responsibilities,the labor service providers and the third people are assigned the responsibility according to the fault,and the labor service providers can make the choice.On the basis of the second viewpoints,the author thinks that the law should be perfected to the right of choice and the right of recourse,and the legislative blank of the individual labor relations should be filled through the reform and introduction of the supplementary liability system in the tort law.and the way to borrow the relevant provisions of the interpretation of the personal damage compensation is carried out,and the principle of the liability of the person receiving the labor service is thirty-fifth.Under the article,there are special provisions for the unit to accept the labor.In addition,the importance of employer liability insurance to the service providers is self-evident in a large number of labor relations.The employer liability insurance regulations should be promulgated,and the employer liability insurance is a powerful supplement to the industrial injury insurance,so as to ensure the legitimate rights and interests of the service providers in time and effectively.In addition to the introduction,this paper consists of five parts:The first part,the question is put forward.From the law of tort liability and the interpretation of the compensation for personal injury,the existing provisions of the third party's injury to the service provider lead to six existing problems in the judicial application of our country,namely,the dispute of the legal application of the definition of labor relations,the disputed distribution of the responsibility of the third party to the service provider,and the order of the right to claim the compensation for the service providers It is not clear that the right of recourse for the workers in the tort liability law is not stipulated,the situation of accepting workers as units in the tort liability law is not stipulated,and the way of insurance relief is ignored.The second part,The influence of the definition of labor relations on the third people's injury.The dispute over the relationship between labor and employment in the new and old law leads to the dispute about the application of the law.Some people think that there is an essential distinction between the labor relations and the employment relationship in the new and old law.Therefore,the two relations should be separately used to use their corresponding laws and apply the relevant provisions of the tort liability law when the parties are identified as labor relations and are in the world.When it is confirmed as the employment relationship,the relevant provisions of the "personal damage compensation interpretation" should be applied;some people think that there is no substantial difference between the two and the tort liability law and the personal damage compensation interpretation simultaneously;the author,through the analysis of theory and practice,draws a conclusion that there is no essential difference between labor relations and employment relations,but for the third party to the problem of service providers' victimization,Different from the old and new laws,the Tort Liability Act should be applied directly.In the third part,the theoretical circle about the various views on the allocation of responsibility for the third party,three people take full responsibility,the labor service providers and the third persons distribute the responsibility according to the fault,and the labor service providers may choose the right to choose.The author believes that we should improve the relevant provisions of the tort liability act based on the second viewpoints.The fourth part is the rule of responsibility allocation when the third party is injured.Through the introduction and analysis of the supplementary liability in China's tort law.the author draws a conclusion that the introduction of the supplementary liability system is reasonable,and draws on the compensation mode of the complete supplementary liability system and the scope provisions of the liability of the supplementary liability in the limited supplementary liability system,and draws the conclusion of the introduction of the supplementary liability system to the individuals.A reasonable solution for the three party's victimization system of labor providers is established under the relationship.In addition,in this part,the author analyses the rules of supplementary liability when the service recipient is a unit,and should adopt the rales of no fault liability,and suggest the right to choose the service provider.The fifth part is to improve the legislative proposals.The author's suggestions include:clearly defining labor relations,abolishing the eleventh articles,first paragraphs of the interpretation of personal injury compensation,introducing the supplementary liability system into the personal labor relations,defining the right of recourse for the personal service recipients,the principle of no fault liability for the employer,and the improvement of the employer liability insurance system.