Migrant Workers To Xu Traffic Accident Damages

By means of transportation people travel frequency increases, the outer increaserisk the risk of accidents. Xu in taking a coach on the way for vehicles with othersrear-end collision occurs, leading to the waist and neck injuries, identified their levelof disability as magnitude8. Xu migrant workers with professional woodworkingtechniques, originally in the railway construction enterprises engaged in professionalwoodworking technology for a long time, and because of its long working hours in theenterprises, to the enterprise in the process of engineering construction would have tounderstand, enterprise has as a foreman of the carpenter’s class, is engaged in theadministrative practice, no longer engaged in woodworking operation of concrete, thewage income is also higher than wood, due to the injury, it is no longer adapt toengaged in heavy manual labor, Xu was forced to leave the company, back to rural life.But when compensation, Xu demand a compensation in accordance with the standardsof urban workers, but urged it to "the defendant is rural registered permanentresidence, compensate for the losses according to standard calculating various kindsof rural residents. And according to the standard of rural calculating the various losses,xu because it is rural registered permanent residence, amount of compensation is onlya third of the residents in cities and towns, that the migrant workers working for along time obviously unfair. But due to the current Chinese law code of principle withflexibility, although have already enacted tort liability law, but the local judicial organin the concrete practice, is different from area to area, and the difference of the judgeson the applicable law to understand, cause in the trial of cases of the same type willappear different trial results, it is applicable to legal authority and unity of the form acertain degree of harm.From the point of the reality and development of current China, migrantworkers of obvious with Chinese characteristics has become a kind of socialphenomenon. In recent years, countries have eased restrictions of agricultural tonon-agricultural registered permanent residence, if now continue at only"non-agricultural " or "hukou" nature of agricultural registered permanent residenceto define identity as well as the basis for compensation, this is obviously a serious and social reality, also can bring a series of social problems, how to define, migrantworkers compensation is how, what criteria should be specially considered. Relatedlaw and judicial interpretation on compensation for personal injury has its realisticbackground, purpose, but how to effectively cover a large number of migrant workersin our country at present work, living in the reality of the city for a long time, lawsand judicial interpretations of the Supreme Court and the approval of the spirit, aswell as the provinces of relevant judicial practice and guidance and regulation, alsofor migrant workers as urban residents standard compensate for the losses. So,migrant workers to urban residents standards for compensation in accordance with thelaw legislative spirit, also can reflect the social idea of keeping pace with The Timesand the requirements of fairness and justice.