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一、问题的提出独立缔约关系和雇佣关系是两类非常容易混淆的关系。事实上,在实践中也确实有人将独立缔约关系的双方当事人误认为是雇佣关系中的雇用人与受雇人。为了表述方便。本文中将独立缔约关系中的两方当事人分别称之为本人和独立缔约人。实践上,独立缔约人(Independent Contractor)在英美法中是指并不属于合同对方的固定雇员,在执行合同中规定的工作时,本人对其不具有很强的控制力,基本上是依靠自己的技能和判断来完成本人工作的人。如本人通过契约使用律师为其处理法律事务,他们之间即为本人与独立缔约人的关系。如视律师为受雇人,本人在律师为其处理法律事务,不法侵害他人权益时,本人应当为其承担代负责任。而律师相对本
I. PROBLEM PROPOSAL Independent contracting and employment relations are two very confusing relations. In fact, in practice, indeed, some people mistakenly believe that both parties in an independent contracting relationship are employed and employed in the employment relationship. In order to express convenience. In this paper, the two parties in an independent contracting relationship are respectively referred to as themselves and independent contractors. In practice, an independent contractor in Anglo-American law refers to a fixed employee who does not belong to the other party to the contract. When I perform the work specified in the contract, I do not have strong control over it and basically rely on myself Skills and judgments to complete my work. If I use a contract to use lawyers to deal with legal affairs for them, they are the relationship between themselves and independent contractors. If a lawyer is employed as a solicitor, I shall assume the responsibility for it when I act as a lawyer to handle legal affairs and illegally infringe the rights and interests of others. Lawyers are relative