| With the development of China’s economy,the construction industry has become an important force to promote the growth of the national economy.At the same time,the legal risks in the construction process are also increasing day by day,especially the "affiliation" phenomenon exposed in the construction field,which seriously damages the current domestic construction market order.Although the construction law of the People’s Republic of China,the civil code of the People’s Republic of China and the interpretation of the Supreme People’s Court on the application of law in the trial of construction contract disputes(1)and other legal and judicial interpretations have corresponding provisions for solving the problems arising from the affiliation of construction projects,However,due to the complexity of the disputes arising from affiliation in practice,different interpretations of affiliation in the theoretical circle,and the lack of legislation,similar cases often appear in practice,but the results are different.This paper will be divided into four chapters to discuss the liability of personal damage compensation in the process of affiliated construction of construction project: the first chapter defines the legal attribute of affiliated construction,determines the definition and characteristics of affiliated construction,and clarifies the difference between the similar concepts of affiliated construction and affiliated construction,at the same time,makes a brief overview of personal damage caused by affiliated construction,It is the foundation for the later research.In the second chapter,through the retrieval of relevant cases from China judicial document website and Peking University magic weapon website,the author analyzes the personal injury cases caused by affiliated construction in practice.Specifically,on the basis of sorting out the cases,the author summarizes the two controversial focuses in such cases,namely,the identification of affiliated behavior and the liability of both parties to the consequences of damage.The third chapter,combined with the summary of the second chapter,analyzes the judgment rules of personal injury cases in the construction project affiliated construction,and evaluates the current judgment rules.The fourth chapter,in view of the current situation of liability for personal injury disputes arising from the affiliated construction in practice and the problems existing in practice,puts forward corresponding suggestions from the legislative and judicial levels. |
