Research On Civil Liability For Casualties Of Members In Huddle Temporary Working Group

Huddle Temporary Working Group refers to a temporary organization formed spontaneously by two or more natural persons without registration for the purposes of jointly completing certain services,operating,working,sharing profits,losses and risks.In operation,Huddle Temporary Working Group presents the features similar to the employment on the surface.The lead person is often asked to assume the employer's liability as an employer.The members of Huddle Temporary Working Group have the desirability of partnership and common economic goals and interests.Members jointly invest,operate and work together.The relationship between members is equal and cooperative.Members share profits and losses and risks.Therefore,the group is defined as an individual partnership organization.The leader of the group is not an employer,but a partner in an individual partnership as other members.It is unfair to ask the leader for the employer's responsibility.Responsibility system for casualties of members of Huddle Temporary Working Group should be established.Firstly,the responsibility should be determined according to the regulations of partnership's debts.The liability shall be borne by all the members in part.The partner who is at fault shall bear the liability for fault,including the casualties;secondly,the nature of extra costs obtained by the leader should be understood reasonably.As long as the extra costs of the leader are produced from the execution of partnership affairs or the extra costs are directly proportional to the additional work of the leader,the extra costs should be deemed reasonable.The leader should not be required to undertake additional liability;finally,the judge should interpret positively,actively investigate and guide the parties to conclude an effective litigation.