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随着对外开放的深入,目前我国已与世界上几十个国家和地区建立了劳务输出业务。仅以上海市统计,近年来已输出劳务人员达1.3万多人(次)。同时劳务人员在外工作和服务期间,因工、因病、或因意外事件等造成伤亡的情况也时有发生,由此中外当事人之间、国内派出单位与劳务人员或其家属之间常常为索赔及分割赔款发生诉讼。由于这类案件法律关系复杂,且有涉外因素,国内又无专门立法,司法实践中存在不少问题亟待研究解决。为此本文拟对一些主要问题进行分析探讨。
With the deepening of opening up to the outside world, at present, China has established labor export services with dozens of countries and regions in the world. Only the statistics of Shanghai Municipality have output more than 13,000 laborers (times) in recent years. At the same time, during the work and service of laborers, the casualties caused by work, illness or unexpected events happen from time to time. Therefore, the claims between domestic and foreign parties, domestic sending units and labors or their families are often And split the claims occurred litigation. Due to the complicated legal relationship and the foreign factors in such cases, there is no special legislation in the country and many problems in judicial practice are urgently needed to be studied and solved. To this end, this paper intends to analyze some of the major issues.