The Contrastive Study Of Personal Damage Compensation Of Rural Construction

Cases on Compensation for Personal Injury exist in a large amount,in which hired servants in the process of participation in housing construction suffers personal injury situation is most rampant.The occurrence of harm not only to hired servants bring great bodily injury,for rural households also bring heavy economic burden and psychological stress,improper handling will cause the new disputes In this paper with Yao Gengong Wang Genying Wang keqin services responsibility for damage caused by the dispute As the breakthrough point,through a large number of empirical studies of similar cases,this kind of case contract relationship and employment relationship exists in the judicial practice to distinguish the unclear concept of law shall be governed by the laws of chaos The parties have different accountability Connection with such as the reason for the lack of theoretical basis of the responsibility of the different problems.Based on the comparative research and empirical research method,by comparing the mainland and Taiwan district court referee practice and theory,discusses the rural construction in the compensation of personal injury caused by the parties of the legal relationship between distinguish,applicable law and how to solve the problems of the compensation liability share Try to establish a clearer relatively unified rules of the referee.Contract relationship and the distinction between the employment relationship is controversial in theory,but does exist in the judicial practice difficult.Through comparison with cases and theories in Taiwan,I believe in practice to distinguish the contract relationship and employment relationship should not stay on the surface characteristics of both,should undertake to glimpse its essence to the results of the first elements,along with the independence of the work investigates rates on the value and purpose.On the applicable law,by comparing the two legislative background of related law and specification models,I think when it comes to the hirer responsibility,the judge should be based on the results of the cognizance of the case facts and the hirer responsibility for selection in the article 10 personal injury and the tort liability law article 35 shall be applicable to the common or individual directly apply the provisions of article 11 of the interpretation of personal injury.When does not involve the hirer responsibility,it is suggested that unified shall be governed by the provisions of article 35 of the tort liability act.In addition,this article also to joint and several liability can bear,construction qualification as an excuse for liability issues such as made in detail.