The Research On The Legal Relationships Of Personal Injury Compensation In Rural Housing Construction

In China,the rural community is an acquaintance society.Homeowners and contractors usually approach the rural housing construction contracts by verbal negotiation instead of written contract.However,once the personal injury disputes happened,homeowners,contractors,and builders will pass the buck to each other.Due to the lack of a clear contract in writing,together with the single distinction standard between employment relationship and contractual relationship in the judicial practice,it is difficult to identify the law relationships and responsibilities among them.In this paper,through the analysis of the 178 cases of personal injury compensation in rural housing construction from 2016 to 2017 all around China,it teased out the focal point of disputes and the reasons.Based on the empirical analysis and comparison of the typical cases,the paper analyzed the legal relationships among homeowners,contractors,and builders and their legal responsibility in rural housing.The paper includes four chapters besides introduction and conclusion as follows:The first chapter teased out the focal point of disputes by analyzing a case of personal injury compensation in rural housing construction.It raised the problems of the determination of legal relationships among homeowners,contractors,and builders and their legal responsibility in rural housing.The second chapter focus on the statistical analysis on the sample of 178 cases to illuminated the characteristics and the accident causes in China's rural housing on compensation for personal injury.Then it summarized the adverse consequences be caused by the unreasonable judgments to highlight the urgency and necessity of solving this problem.In the third chapter,according to the causes summarized in the second part,it analyzed the determination of legal relationships among homeowners,contractors,and builders(which emphasizes on the legal relationship between homeowners and contractors)and their legal responsibility in the cases of debate on compensation for personal injury in rural housing.The forth chapter put forward the concrete proposal of debate on compensation for personal injury in rural housing which mainly from the improvement of legislation and judicial practice.