The Principle Of Attribution And The Determination Of Fault Of The Victim’s Liability Of The Service Provider

There has always been a discussion of the principle of attribution when the person providing labor in the personal relationship suffers personal injury,and the trigger of the dispute lies in the normative nature of Article 35,paragraph 2,of the Tort Liability Act.That is,the nature of the principle of fault liability and the fault of liability liability are equal to the nature of the rules,and the application of this sentence in practice is also very confusing,although the nature of the principle of fault liability is considered to be the principle of fault liability,but it is not uncommon to invoke this sentence and the principle of no fault liability,article 11,paragraph 1,of the interpretation of the judgment.However,from the method of interpretation of meaning and system interpretation,the nature of this sentence should still be regarded as the liability of the rules of negligence to bear the norm.In terms of the establishment of the principle of attribution,starting from the legitimacy of the adjustment result,the main reference factors are demonstrated when the principle of attribution is established,one is the balance between the freedom of conduct and the protection of rights and interests that any system in tort liability law should be considered when it is established,and the other is,the characteristics of labor relations,whose fundamental purpose is to benefit the workers;To examine the consideration factors,analyze whether the two principles of attribution have been fully considered,and in the principle of fault liability,the three situations of neglect of the factors are carried out,namely,the circumstances of the laborer’s own fault,the circumstances of the harm caused by the joint fault of both parties and the circumstances of the non-fault damage caused by both parties;The control theory and the deep pocket theory are the basis points,and the theory of the control and deep pocket is the basis,which proves that it has fully considered the commonality and personality,and concludes that the principle of attribution is the principle of no-fault liability.On the specific application of the fault offset rule,because the rational provider of labor will not intentionally hurt itself is the logical starting point of risk liability,the article focuses on the case of the reduction of liability of fault.Although gross negligence is generally required to reduce liability,it is concluded through the comparative analysis of the law that the fault is discussed to varying degrees,and further distinguishesbetween three different types of labor services,of which the unpaid duty helper and paid labor service relationship are profit-making,From the attribute or danger of the labor erratic party should be in the provision of gross negligence in order to reduce the responsibility of the receiving labor party,as well as the non-profit,equality and non-hazard in the paid labor relationship,in the provision of labor party has general fault,that is,in accordance with the requirements for mitigating the responsibility of the receiving laborer,And combined with the case analysis how to identify the different fault level of the penalty reduction requirements,in order to benefit the judicial practice.Finally,the conclusion part,the above argument in the general summary,and finally formed a complete discussion of the labor supply party due to labor victims of tort liability,trying to make a full contribution to the improvement of the personal labor relations system at a time when the civil code is in full swing.