提供劳务者受害责任纠纷下的用人者责任
The Employer Liability under the Dispute for the Labor Provider Injury

实践中，出于诸如劳动者已经退休而不能缴纳工伤保险、用人单位尚未依法登记等原因，用人单位仅与劳动者签订劳务合同的情况非常普遍。依《民法典》第1192条第1款的规定，个人劳务关系下提供劳务者受害的，接受劳务一方承担过错责任。然而，针对用人单位与个人之间形成劳务关系的情形，法律并没有规定相应的归责原则，司法人员在处理此类案件时往往会面临法律适用的困境。此外，此类纠纷中个人与非个人劳务关系的区分标准以及第三人侵权下追偿权的问题，有待明确。
In practice, it is very common for employers to sign labor contracts with workers for reasons such as the company can’t pay the insurance for retired employees, or the company has not registered according to law. According to the third sentence of Article 1192, paragraph 1, of the “Civil Code”, if the provider of the labor service under the personal labor relationship is harmed, the party receiving the labor service shall bear the fault liability. However, the current law does not have the corresponding principle of liability in the case of the formation of labor relations between employers and individuals, and judicial personnel often face the dilemma of law application when dealing with such cases. In addition, the distinction between personal and non-personal service relations in such disputes, as well as the right of recourse under third party infringement, remains to be clarified.