An Analysis Of The Difficult Problems In The Disputes Over The Responsibility Of The Victims Of The Labor Providers

With the rapid development of urban and rural construction and social economy,the phenomenon of labor service as a target between individuals or between individuals and units has increased significantly,and the corresponding situation of damage suffered by those who provide services in the process of providing services has also increased accordingly.Disputes over the liability of injured workers have always been a major type of cases accepted by the people's courts at the grass-roots level.In dealing with such cases,many problems often arise,such as how to distinguish between labor relations and contracting relations,how to distinguish between contracting relations,who is the employer,how to identify the fault and how to make it better.To a large extent,the interests of victims are protected while taking into account the legitimate rights and interests of others.In order to apply the law more accurately in judicial practice and deal with such cases accurately,we should further discuss and analyze the disputes of the victim liability of the provider of labor.This article is divided into four chapters to analyze the issues related to the liability disputes of the victim who provides the service.The first chapter mainly introduces the present situation of the disputes of the victim's liability of the supplier of services,which is a brief introduction to such cases.The second chapter distinguishes and characterizes the legal relations of the various acts in the disputes of the victim's liability of the supplier of services from the perspective of tort.The third chapter starts from the perspective of the fault of tort liability.The fourth chapter mainly belongs to the content of judicial practice,what legal provisions should be applied to specific cases,and how to deal with disputes of liability for victims of atypical service providers.The above is the relationship between the four chapters.Among them,the first section of the first chapter briefly introduces the present situation and legal provisions of the disputes on the liability of the injured suppliers.In terms of the tort liability of the labor service,the theoretical circles may pay more attention to the employer's liability when the employee causes harm to others,but the data show that the employee causes harm to others is only one of the small aspects.On the contrary,there are more cases of injuries,so we should pay more attention to the injuries of employees.Section II mainly introduces the characteristics of the disputes concerning the victim's liability of the supplier,and introduces the value mission of the tort liability law.This article analyses and demonstrates the various problems in the disputes concerning the victim's liability of the supplier around the value mission of the tort liability law from the beginning to the end.The first section of the second chapter of the paper mainly analyses the concept and characteristics of labor relations from the theoretical point of view.Firstly,it defines the nature of labor relations.Section II mainly compares the labor relations and other similar legal relations,hoping to identify the nature of different legal relations in such cases more accurately.Qualitative analysis of the nature of legal relationship is the primary issue in the trial of cases.It is not only related to the issue of the responsible person,but also has a significant impact on whether the parties can get compensation and how much compensation they can get.In this part,the author compares several kinds of legal relations,such as labor relations,employment relations,contracting relations and labor relations,among which the labor relations and contracting relations are the most important and difficult to distinguish.Combining with judicial trial practice,this paper tries to distinguish the two,hoping to have a reference for the trial of cases.In addition,the fifth part of this section attempts to analyze the contracting relationship and contracting relationship.Damage to rural housing construction employees is the most common type of disputes concerning the victimization liability of service providers.It is also the most controversial and inconsistent type of cases.In this paper,the concept of "control" in the difference between labor relations and contracting relations is used for reference in the analysis of legal relations of rural housing construction projects,taking the quantity and complexity of projects as examples.The starting point is to distinguish the contracting legal relationship and contracting relationship of construction projects.It is considered that it is more appropriate to identify the contracting relationship of general rural construction projects as contracting contract.The first section of the third chapter mainly analyses the change of the principle of liability for disputes of victim liability of the supplier of labor,which is actually generated within the framework of the basic value mission of tort liability law and has important practical significance.The second section mainly analyses the fault content of both parties in the dispute of the victim liability of the supplier of labor,and how to prove the fault from the perspective of evidence.In terms of the content of fault,the third part of this paper analyses the problem of "relevant qualification".Through the analysis,the author believes that it is not appropriate to directly identify the fault of an activity without corresponding qualification,nor to conclude that the opposite party to which the contract is signed has the fault of selection.In the fifth part,this paper analyses the types of fault in the disputes of victim liability of the supplier of services.This part focuses on the atypical cases of the disputes of victim liability of the supplier of services,that is,how to deal with the cases when the supplier has fault,the recipient has no fault and both sides have no fault.The first section of Chapter IV compares the relationship between Article 35 of the Tort Liability Law and the relevant provisions of the Interpretation of Personal Damage Compensation.Through comparative analysis,there are overlaps and differences between the two.Judicial practice should cross-apply the law according to the specific circumstances of the case.Section 2 mainly analyses the disputes of the victim liability of the atypical providers of services in the case of infringement by third parties,and explores what and how the third party and the recipients of services bear the responsibility in the disputes of the victim liability of the atypical providers of services.Overall,this paper takes the difficult problems encountered in judicial practice as the starting point.These problems are also common problems in such cases.Through the analysis of these problems,I hope to provide some useful reference for judicial practice.