Research On Joint And Several Liability Of Dispatched Employment

"Labor Contract Law" was implemented on January 1, 2008, that is the first time in the form of labor services to send the identification of law and norms, and through No.92 established one of the "Three joint and several liability" of"Labor Contract Law". In this context, legal liability, three main rights of labor dispatch, and obligations have been legal clarity and definition. Because labor dispatch in China increased the legal obligations of employment unit, so that its employment costing. It makes a controversy after "Labor Contract Law" was implemented which for the rationality of the joint and several liability. Therefore, the labor dispatch of joint and several liability has been established by law, many scholars believe that such a joint and several liability law exists to set up and run contrary to fair and effective of the state. I choose joint and several liability as a labor dispatch subject to current theories of the labor sector is generally accepted legal responsibility to send particularity of the study point to Civil and Commercial Law responsibilities in connection to the function and nature as a basis for China's current laws on labor dispatch the legislative status of the background on China's "Labor Contract Law" No.92 labor under the joint and several liability system, the responsibility of sending the main clear, the program applies to other elements to conduct a comprehensive study, combined with the existing system of regulatory gaps and loopholes to make some own ideas, with a view of China's labor law regulation to send the perfect help.Full-text consists of four parts.The first part, labor law on the type of joint and several liability.I start from the awareness of joint and several liability as to the nature and functions of joint and several liability for the thread on the labor laws related to the content of joint and several liability should be straightened out. First, the joint and several liability of joint and several causes not only based on the above identity, meaning, the interests of three kinds of associated factors, as well as more deep-seated de jure "fair justice" and the law effective. Secondly, the nature and function of joint and several liability's request, the labor law because of various reasons associated with the formation of inter-subjectivity of the labor law on joint and several liability. Thirdly, China's labor legislation enacted on the joint and several liability and the lack of lag and make the "Labor Contract Law" on joint and several liability system in the labor and employment relations in the legislative building.The second part, labor dispatch of the special nature of legal liability associated.This section is intended to send labor relations through the analysis of the special structure to address the labor dispatch of joint and several liability is different from ordinary joint and several liability, and other joint and several liability of the special features of labor laws. First, the labor choice to send a lot of words to make analysis, and then discussed by the three main traditional division of labor relations arising from the relationship between labor sending a special structure, and further discussed in this particular configuration is determined by the special relationship between joint and several, such Comparison of target specificity Civil and Commercial Law's traditional labor law on joint and several liability and other types of joint and several liability.The third part of the country's laws in regard to dispatch of joint and several liability provisions of Labor Analysis .China's current laws concerning labor dispatch of joint and several liability system, the regulatory system has experienced something out of nothing, from the program start-up to physical well-incremental legislative process. The author in this part of the objective set out in the first dispatch of the labor system of joint and several liability of legislation in several landmark at the present stage of China's legislative process and the provisions of its status. Discusses status of this legislation demonstrates the legislative intent, and come up with a seemingly contrary to the purpose and legislative development of the results of joint and several liability. Then in the next dispatch employment in our country's labor situation, review the "Labor Contract Law" Driven by the legislative intent of this form of "contrary to" joint and several liability, labor dispatch sent to the labor brings advantages and disadvantages of labor.Part IV discusses the application of joint and several liability labor dispatch.The author discusses China through the joint and several liability law has taken to expand its scope of application of the legislative principle that the framework of joint and several liability regime should be based on the application of specific technology, the main choices explicit principles, to prevent the system to run the joint and several liability of abuse from happening. For my legal services to be joint and several liability of the responsibility for sending the main choice to make the necessary restrictions. China's labor dispatch joint and several liability should be made to re-selection of the main requirement that the responsibility for reconstruction of internal and external responsibility for the creation of. It discusses the joint responsibility of the main labor option to send the program to generate regulatory convergence defects.