A Study On Disoutes Over Liability For Damages To A Party Providing Labor Services Due To Third Party Tort

Disputes over liability for damages to a party providing labor services due to third party tort are labor disputes over liability for damages to a party providing labor services in a labor relation.In fact,there is inconsistency and legal vacuum in laws and regulations of China with regard to such disputes,which lead to dilemma and chaos in judicial practice.This paper makes a comparison between different ways in judicial practice regarding the disputes,analyzes the causes of them and explores a way to solve them.First of all,based on the analysis of and the comparison between different views on whether the party receiving labor services should bear the liability to damages or not,it is reasonable to consider that the party receiving labor services bears the liability because relevant regulations and rules have identified such liability as a statutory compensation liability in nature.Secondly,based on the existing regulations and rules and the continuance of legislation,from the prospective of the function of tort law in adjusting social relations,and in contrast to the principle of strict liability,it is reasonable to consider that the application of the fault-based principle for a statutory compensation liability meets the development trend of the social relations.Thirdly,the idea that the Article 11 of the Personal Injury Compensation Judicial Interpretations should be abolished is presented,because on the premise that the fault-based principle is applied for the disputes,the article has lost its theoretical basis since the joint and several liabilities mentioned in this article is ambiguous.Fourthly,a practical way of legislation is provided for the disputes over the problem as to who should bear the liability for damages to a party providing labor services due to third party tort,which is based on the reference to the supplementary regulations prescribing the liabilities borne by a safety-obligated party for damages due to third party tort and the characteristics of the liability for damages to a party providing labor services due to third party tort.Finally,a suggestion is presented,on the basis of the existing laws which classify labor services into labor services for entities and labor services for individuals,that labor services for individuals should be further classified into labor services for business operations,profitable labor services and general-type labor services.It is a suggestion that intends to effectively protect and balance the legal rights and interests of a party providing labor services and to manifest the principle of material equality and fairness.