雇员受伤害赔偿责任分析word论文.docxVIP

摘要第三人在工作期间致雇员受伤害，雇主与第三人之间是不真正连带责任。鉴于本文开篇案例的案情，笔者提出一些司法建议：一、在不真正连带责任案件的 判决和执行环节可以适当借鉴补充性的顺位规则，从而避免了连带性的任选规 则的弊端。二、通过雇主责任险的建构，既能分散雇主的风险同时也能保证雇 员能够及时获得赔付。第五部分，探讨了雇员自身过错情形下责任承担问题，认为在雇主也有过 错的情况下，应适用过失相抵原则确定损害赔偿范围，以及雇主无过错时的责 任自负原则。关键词：雇佣关系； 赔偿责任； 雇主责任；IIAbstractThe socialist market economy in our country has entered the new normal, and the type of the employment relationship has gradually increased in the number. There are a lot of similarities with other relations, such as labor relations, contract processing relations, and so on. So it is difficult to define the employment relationship in practice. Scientific and reasonable standards need to be established. The compensating responsibility of the employee suffering injury is an important content of the employment legislation. In abroad, the content involves numerous laws, which reflected in the provisions of labor law, social security law, tort law and insurance law, ect. But Chinas law has deficiency on the provisions of the related issues about employee injured. Until 2003, the Supreme Peoples court proclaims The explanation on Several Issues concerning the application of law in the trial of personal injury compensationcase(hereinafterreferredtoaspersonalinjuryjudicial interpretation), which makes the relevant provisions to this issues and how to take the responsibility. Although it is only a judicial interpretation, it is a great progress and a breakthrough for the protection of employees rights and interests. The law of tort liability enacted in 2010 also makes relevant provision for the problem. Because of its incomprehensive and the conflict before and after, the judges deal with employee personal injury compensation cases using different reference standard, so the trial results are very different. In the concrete system construction, imputation principle is essential, which has a close relationship with the fundamental interests of the employee and employer, and it is the f