The Investigation Report On The Compensation For Personal Injury In Rural Housing Construction

In recent years, with China’s rural economic development, rural housing demand hasbecome a universal topic. At the same time in the rural housing in personal injury accidentsalso occur frequently, often of an accident caused by the decline of several families. In thispaper, taking Wulong as a typical western rural area as a sample, using the comparison,analysis and the method of integrating theory with practice, the child is father of the man, todemonstrate that our country rural housing construction damage problems and solutions, inorder to provide reference materials useful for judicial practice and legislation department.In addition to the introduction and conclusion, is divided into five parts, a total of morethan16000words:The first part, rural housing construction in Wu long area of personal damagecompensation dispute case. In recent years, Oulong as a typical western rural areas, ruralhousesitting personal injury accidents, the types of cases generally show large amount oflitigation, mediation rate is low, the appeal rate high, difficult to execute such phenomena,which led to the lack of timely treatment, the relevant responsible person of the familyeconomy therefore, poverty, generate new contradiction, cause serious adverse consequences.The second part, the analysis of rural housing constructionperson damage compensatedispute causes. According to the statistics of Wulong county since2010rural buildingonereason that personal injury accident, partly because of the lack of rural housingconstruction law, administrative regulations, restrict the rural housing, resulting in lackofcorresponding supervision and management, the owner, the contractor (Bao Gongtou) andother subjects not pay attention to the construction of the quality problem the security is not inplace, construction technical differenceconstruction equipment, backward; on the other hand,the reason of rural housing lack of agreed in writing, the owner to interfere in specific legalrelationship construction leads tohomeowners, contractors and construction are not clear.The third part, the rural housing construction and personal injury status analysis of civilliability cognizance of accident.Firstly, based on the Wulong County Rural Building in recentyears in the process of personal injury accident statistics found that, for the legal relationbetween the owner,contractor, construction, between the owner and contractordoes notdistinguish between types of housing identified as the relationship between the contractor andconstruction,people recognize the employment relationship between thecivil liability; the owner, contractor, construction, the victimliability disputes and provide a service according totheprovision of services owner liability for the damage caused bytwo different types ofdisputes, disputes, responsibility is different.The fourth part, legal relations and legal responsibility of ruralhousing construction inpersonal injury. For the legal relation between the owner and the contractor, the theory and thepractice there are three different points of view, the authorgives one one to refute, proposedshould distinguish between the layers, since the building of rural building of ruralpropertiesand uses, rural housing contract that the legalrelationship between the two, while affirmingthe employment relationship to the contractor head and the construction ofjudicial practice,mainly distinguishes the controversy of the owner (as) the contractor (the Contractor) areelected bynegligence, labor contractor, construction of people outsidethe personal injury,should be how the question of responsibility.The fifth part, some countermeasures for the cases on compensation forpersonal injury inrural housing construction. In this part, based on the four parts, put forward the followingsuggestions. First of all, from the normscraftsmen village construction qualification,guarantee reasonable designcompliance, judicial documents, improve the rural housinglegislationaspects unify law application; secondly, the management and supervision of ruralhousing construction, implementation of personal casualty accidentcompulsory insurance,increase housing security knowledge propaganda,improve the judicial relief dynamics; finally,from other regions to successful practices.