Since The Rural Building The Judicial Dilemma And Its Dissolution Of Personal Injury Cases

With the continuous development of the socialist market economy, the continuous improvement of the income of farmers, rural areas the number of new homes is rising. The basic people’s court accepts the building disputes, personal injury occurred in the course of the number increased year by year, difficulty increases year by year. Due to these disputes involving lawsuit main body, more complex legal relationship, the parties have different duty ratio, difficult to perform, in the process, slightly improper, will trigger a new social contradictions.Since the rural building construction process, belong to the contract relationship between owner and contractor. If the building belongs to the lower houses, because of the existing laws and regulations of the contractor qualification did not make clear a regulation, so the owner choose not qualified contractor construction, there is no selection. If the house belongs to high-rise residential, because of the existing laws and regulations contractor must have the corresponding qualifications, so the owner should choose qualified construction contractor, or for selected negligence liability. Homeowners by the hirer, fault liability, not from the division of building and effect.Legal relationship between owners and construction people can be divided into two kinds:contracting relationship and employment relationship. Contracting relations, referring to the contractor. Employment relationship, homeowners as the employer, employer liability adopts a parallel principle of no-fault liability and fault liability. Employed during the activity, the construction person causes damage to others, the owner responsibility principle of no fault liability; Construction of their damage, homeowners, responsibility principle of fault liability is according to the owner and construction of fault bear their respective liabilities accordingly.Due to the contractor, the construction of the main body, inadequate rural since the building is not belong to the category of construction project, the owner and the contractor, the construction of building agreement is not in conformity with the provisions, and the problem of legal application between owner and contractor, the construction people does not constitute a contract for construction project.In judicial practice, such disputes, personal injury compensation in connection with different sentence, different with the sentence, often happened. Investigate its reason, is the most main provisions of the law, anyone guess. The perfect legal laws and regulations, and clarify the legal relationships between owner and contractor, owner and construction of the legal relationship between, clear the responsibility main body, provide the basis for the referee, from the source to eliminate connection with different, different case with the sentence.For the rural building a personal injury case judicial predicament, perfect the legislation, clear responsibility is preferred, such as low-rise residential construction qualification. Second, regulate rural since the housing market, to carry out the regulatory responsibility, strengthen the legal system propaganda, improve construction safety consciousness, put an end to pretest probability and the accident. Finally, set up the person accident compulsory insurance system, carry out employers liability insurance, accident margin system implementation, in order to solve the current judicial predicament countermeasures and Suggestions are put forward.