Comment On Wang's V. Shengshihaolian Company's Employer Responsibility Dispute Case

In the process of providing labor services,the damage caused by others is often caused,and many of them are accompanied by intentional or negligent acts of injury.In the case of Wang Moumou v.Shengshihaolian Company's employer responsibility dispute,as a laborer,Li Moudong beat Wang to a serious injury during his work,the public security organ confirmed that he was suspected of a criminal offence,but Li Moudong's escape was not brought to justice,so Wang Mou filed a civil tort lawsuit against his work unit and demanded compensation.In the lawsuit,the two parties have different opinions.The case was submitted to the Judicial Committee for discussion.There are three main points of controversy: 1.whether the disputes of employers involved in criminal offences should follow the principle of "criminal Procedure Prior to Civil Procedure",and suspend the trial of civil cases;2.Regarding the beatings of the workers,how to determine that the workers are causing damage to others due to the execution of their tasks;3.Whether the civil litigation request can exceed the compensation of civil suit collateral to criminal proceedings.The author believes that,firstly,the injured person is the victim of the infringement,there is a legal basis for the employer to file an independent civil tort lawsuit.Such cases do not meet the trial order of “criminal procedure prior to civil procedure” and do not need to suspend the trial of civil cases.Secondly,Combining the time,space,and cause of the behavior,it can be determined that it is intrinsically linked to the execution of the task.The employer should be responsible according to the law.Thirdly,the claim for civil cases is not limited to the scope of compensation for civil suit collateral to criminal proceedings.It should be judged according to civil law,and it is appropriate to follow the principle of “civil liability priority” and give priority to protecting civil rights.