The Legal Analysis Of The Case Of Wanghuipeng Logging Injury

With the development of the reform and open, chengbao is popular and varied. For the deficient laws and regulations of chengbao, it is hard to distinguish chengbao from conduction and employment. The identification of negligence is hard too for the lack of legislation. It deals with chengbao,conduction,employment and negligence via the case of wanghuipeng logging injury.The article is divided into three parts. The first part mainly introduces the case and related legal problems. The second part is about the analysis of legal theory of problems in the case. At first it is about the concept and characteristics of chengbao contract. From the comparison of chengbao contract with conduction contract and employment contract, it is known that the target of chengbao is business management rights, but the one of employment contract is pure labor, and the one of conduction contract is particular work product. And then it is about the definition and identification of negligence, and its identification standard and rational person standard and the constistic conditions of negligence. The gross negligence means without the attention of the carelessness, it is so careless that the actor acts without the basic attention responsibility. The third part is about the advices about the legal problems in the case. It puts forward the conception that is about law-making about chengbao and employment. It sets up the clause about insurance and warrant to guarantee the compensation to personal injury and property loss in the business production. As for negligence, it brings forward that it will perfect law system about the identification of negligence, set up the law of appraisal of negligence, extend the range of insurance of work injury and compulsory liability.