The Case Analysis Of Invade Personal Rights Compensation Dispute

With the development of the society, economic prosperity, the level of people’s life has undergone earth-shaking changes. However, subsequent increasingly infringement behaviors present a variety of ways. Especially, the physical injury compensation disputes of the infringement on the rights to life, the health and body occurred frequently. That Yang v. Wang, Song and others the rights to life, health and body dispute is typical of such cases.How to determined the nature of the case; What kind of civil legal relationship have constituted among Yang, Wang and Song; Whether if the homeowners, the builder have fulfilled the reasonable duty of safety warning; Whether if the place of accident happened is the public stair; Whether if there is a causal relationship between the behavior that no qualification builder without the completion inspection and acceptance will the house consign is used and Yang’s injury; How to allocate the liability to pay compensation in the cases. All those problems is the key to correctly handle the case. The analysis shows that the case is infringement by several person of " Several Causes and One Effect "; Yang is constituted a contractor relation with Wang and Song; Homeowners did not take appropriate security measures, and did not fulfill the reasonable duty of safety warning and protection obligations,shall bear the liability for the compensation; The scene of the accident is the public stair of the house; The behavior that no qualification builder without the completion inspection and acceptance will the house consign is used has no direct causal relationship with Yang’s injury, the builder just need take obligation of safely using on the main structure of the building, thus assuming no liability to pay compensation; In the case, the obligators who have to pay compensation are Yang himself and the homeowners Li et al, so that it can’t ask Wang, Song and the builder Wang a liable compensation for damages.In order to ensure the proper settlement of this kind of cases on compensation for personal injury, correctly apply the law, safeguard the legitimate rights and interests of the parties,our country should improve the related legislation, further standardized the illumination on tort liability issues when the civil legal relationship concurrence.