Research On The Issue Of Civil Liability When The Third Party Is Injured In The Service Provider

Since the reform and opening up,the socialist market economy has become increasingly prosperous.With the development of economy,the employment relationship between individuals who provide labor services in exchange for material benefits has been widely applied due to its characteristics of convenient production and life,fitting in with the actual needs of employment,flexible and diverse forms of employment and so on.At the same time,cases of infringement of personal rights and interests of labor service providers are also on the rise.Because of the employment relationship shall be deemed to be formed between individual employment relationship or labor relations exist different understanding,and the regulation of the labor relationship between individual effective there is a specific stipulation that law is inconsistent,lead to academic related theory and judicial practice of providing labor services is the victim liability case,especially provide services due to any third person’s tort victims when both theory and practice there is a big controversy,embodied in what legal norm should be applied to determine the third person and to accept the services of the civil liability,the third person and accept services is controversial how to bear civil liability.In the judicial practice,it is shown that there is obvious inconsistency in the judgment standard of the civil liability between the labor recipient and the third party who infringes,which makes the study of this type of case have positive academic and application value.The author thinks that the employment relationship between individuals should be identified as the labor relationship and the labor relationship should be understood as the concept of employment relationship.On this basis,combining with different typical cases,this paper puts forward that the tort liability law should be applied in handling the cases of victims of labor service providers,and the civil liability should be determined according to the degree of fault of each party.It is conducive to balancing the conflicts of interest among the three parties,improving the trial efficiency,resolving conflicts and disputes,and timely relieving the victims,especially under the background of the geometric multiplication of the number of cases accepted by the court and the obvious extension of the litigation cycle.