The Research on Damage Liability Caused by Dispatching Workers from the Perspective of Economics of Law
|School||Central South University|
|Keywords||labor dispatching Damage caused by the employee’responsibility Economics of Law|
In2009, the "Tort Liability Act" stipulated that the employer takes the primary no-fault liability and the dispatching party takes the liability for fault when employee hurts the third party in labor dispatching. Academic circles has aroused fierce disputes towards this issue, which can be mainly focused on five aspects:the delimitation of the three parts’ legal relationship in labor dispatching, the procedures of realizing exterior liability, the rationality of employer’s no-fault liability and dispatching party’s supplementary liability, relative comprehension and the right of recovery of the dispatching party and the criteria for judging the "fault". In a word, there are still existing obvious drawbacks of the "Tort Liability Act" in judging the responsibility of liability for damage caused by the employee, which affects the application of laws to some extent. Therefore, it is urgent to clarify the liability for damage caused by employee.From the perspective of the economics of law, which makes best use of resource optimal allocation and maximize efficiency, combining qualit ative analysis with quantitative analysis, the relevant provisions of the tor t liability act. First, direct responsible for selected basis, according to the cost-benefit theory building to minimize the total cost as the goal of socia1system analysis framework, finding employment responsibility for dama ge caused by the social costs of influencing factors, through the contrast a nalysis shows that the employers liable for first-lien optimal conclusions; Second, to find the basis of fault liability and no-fault liability according t o the law of legal equilibrium theory construction to realize balanced effic iency standard marginal cost benefit equilibrium model, and obtain emplo yment unit shall bear the liability without fault and the dispatching unit fa ult responsibility has the rationality; Third, marginal analysis to fault and causality, get inside the premise of the right of recourse against the imple mentation conditions. The interpretation framework of economics, law int erpretation and evaluation from the perspective of new labor dispatching employee liability for damage caused by the relevant laws and regulations,to explore the damage caused by the labor dispatching employees respon sibility imputation principle of the best mechanism to provide new ideas.