Judicial Determination Of Personal Injury Compensation Liability ——Taking Ruihoujia Company V. Yu,Jin,and Fu As An Example

With the continuous development of the labor market,more diverse and flexible labor forms have emerged in social life.At the same time,cases of personal injury compensation arising from the use of labor force emerge in an endless stream.On the one hand,the victim has the right to demand that the party who committed the infringing act bears the liability for personal injury compensation;In personal injury compensation cases,there are numerous cases where multiple legal relationships are mixed.The contracting relationship and the employment relationship are two types of legal relationships with high frequency.In order to properly handle the liability for personal injury compensation in this type of case,it is necessary to clarify the boundaries between the contracting relationship and the employment relationship.At present,there is no specific distinction between these two types of legal relations in our country’s laws,which leads to different basis,reasons and even results for different courts to judge the parties to be liable for personal injury compensation in similar cases and under similar circumstances.This is very likely to fail to persuade the parties involved and intensify social conflicts.This article takes Ruihoujia Company v.Yu Mou,Jin Mou and Fu Mou as an example,trying to analyze the dispute focus of the case: 1.Whether Ruihoujia Company should be liable for personal injury compensation to the deceased Zou Mou;2.Whether Yu Mou should be liable for personal injury compensation to the deceased Zou Mou;3.Whether the employer Jin Mou should be liable for personal injury to a third person caused by his employee’s payment;4.How does Ruihoujia Company recover the amount of personal injury compensation.This paper analyzes the legislation and theoretical regulations,and draws the conclusion: Ruihoujia Company has a contracting relationship with Yu Mou,and Ruihoujia Company should be responsible for the death of Zou Mou;Yu Mou and Zou Mou have an employment relationship.,Yu X bears the employer’s responsibility for Zou X’s death;the employer Jin X should not be liable for the death of a third party caused by the personal behavior of his employee Fu X;Ruihoujia Company should recover the personal injury compensation amount from Yu X and Fu X.Finally,this article takes this case as the starting point,and combs with other similar cases to sort out the inconsistency in the identification standards of employment relationship and contract relationship in personal injury compensation cases in judicial practice,and the unclear scope of employees engaged in employment activities,etc,and put forward specific problems solutions.