Research On The Liability Of Personal Injury Compensation In Individual Labor Relations

The “individual labor relations”of the “Tort Liability Law” refers to the both sides of the employment relationship are individuals.And is not suitable for the expansion of legal interpretation.The "Tort Liability Law " and the “Judicial Interpretation” exist conflicts,so the interpretation and the application are necessary.We consider that,first,when the labor provider damage others,the victim can prosecute the labor accepter immediately,simplify the process,save the cost,and quickly get relief.After compensation,in certain circumstances,the accepter can choose whether to recover.Second,when the labor provider damage himself,as the both sides of the relationship are individuals,the economic and social status are relatively equal,no big business or company,so we should boldly break through the principle of employer’s liability,according to the different cases,combine with the degree of the faults,increase the burden of labor provider appropriately.