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The Main Problems And Countermeasures Of Rural Housing Construction In Personal Injury

Posted on:2014-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q T ZengFull Text:PDF
GTID:2296330422489939Subject:Law
Abstract/Summary:PDF Full Text Request
Constructing socialist harmonious society is the theme of modern socialdevelopment, which requires social disputes resolving and social orders stabilizingmust be properly handled on the basis of people. In our country, housing constructionemerges in the rural areas where rural construction teams occupy the market ratherthan the enterprises. However, under the influence of the traditional customs, thereare still a lot of contractors’ loose temporary construction teams without sense ofsecurity who fail to get registered in the industry and commerce department and lackof legal construction qualification, professional training and safe conditions of work.Both disordered rural marketing and the lack of relevant administrative supervisionresult in a high frequency of deaths and injuries which lead to an increasing numberof personal injury compensation disputes. Due to the severe trauma and economicburden that dispute lawsuits bring to the parties, it is difficult to perform conciliationand execute judicial judgment, which conversely trigger new social contradictions ifnot properly handled. However, there is no unified judicial standard on how toproperly handle such dispute lawsuits both in the present legal theory and judicialpractice, as a matter of fact,the proportion of different judicial decisions in thesimilar cases is quite high.In the light of the local court’s judicial practice in handling personal injurydisputes of rural housing construction, this paper aims to summarize the concept andlegal characteristics of personal injury in rural housing construction and put forwardappropriate proposals in terms of difficulties in judicial practice according to existinglegal provisions. Main text consists of three chapters as following:Chapter one is mainly carried on the explanation to the concept, legal characteristics, existing legal provisions and judicial status quo of personal injury inrural housing construction which will be defined for the first time as legal fact thatnatural person’s rights to life, health and body are violated in the process of ruralhosing construction.In the method of typical case study, chapter two discusses the key issues ofpersonal injury in housing construction, analyzes the basic and derivative legalrelations and demonstrates the applicability to building law and contract law,demarcate the nature of rural housing construction contract, and define theresponsibilities of householders and contractors.Chapter three put forward the proposals for resolving the disputes of personalinjury in rural housing constructions based on the status quo in our country, whichinclude improving related legislation and construction supervision in rural area,promoting compulsory personal accident insurance, and strengthening legal andconstruction safety education campaign with the purpose of reducing accidentsmaximally, handling disputes properly and contributing to socialist modernization.
Keywords/Search Tags:rural housing construction, personal injury, legal relation, application of law
PDF Full Text Request
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