Research On Tort Liability Of Employee In Network

In many industries share economy pattern formation,some industry has issued the relevant laws and regulations to regulate and adjust its,such as passenger industry,financial industry,medical industry,but for the catering service industry,relevant laws and regulations has no action.At the end of 2017,the regulations on the supervision and management of network catering services are mostly administrative provisions.In the face of the continuous pouring into the court,the infringed cases of the hired people in the network platform are still quite open to discussion in the judicial field.First,the network platform takeaway this business model,the servant is what belongs to which side of the workers,is the network platform,the traditional catering industry or employment legal relationship does not exist at all? The legal issues of this,this paper will attempt to clarify the legal relationships,the intermediary,labor contract and employment discrimination.Second,in the design of the internal liability of the employee tort in takeaway of the network platform,according to the relevant provisions of the Tort Liability Act and the judicial interpretation of personal injury compensation,it can not solve the problem practically,but make the solution of the problem more obscure.At the same time,there is no explanation in the judicial referee of the network platform,and the court evaded the dispute of this kind of problem.This article from the "relationship between the judicial interpretation of personal injury compensation" and "tort liability law" of the argument and analysis to network platform takeaway employment servant internal tort liability principle for the key to the main body of tort liability relationship among various modes of delivery network platform.At the same time,the issue of infringement caused by the servant,proof liability shall be subject to control according to the actual identification standard,namely the servant of tort damages caused by the network platform delivery mode,the actual control for the identification,to meet the conditions of the subject bear the servant of the tort liability for damages.Third,the servant in the execution of business shall be considered as the extension of the employer and the employer's arm,after one,undertake the liability for damages in the employer,whether have the right to recover the problem to the servants,there are differences between the provisions of China's "judicial interpretation of personal injury compensation" and "tort liability law".This paper attempts to verify the network platform takeaway employers' recovery problem,certainly "judicial interpretation of personal injury compensation" provisions of article eleventh,"tort liability law" although not specified,but should not be interpreted as "judicial interpretation of personal injury compensation" denial of recourse or cancellation.In addition,the recourse should be properly restricted and the recourse mechanism should be properly designed.At the same time,our country does not stipulate the content of reverse recourse,which is the loophole in the law.