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Study on Compensation of Personal Injury of Employee in Individual Business

Author: WeiJingFeng
Tutor: PeiLiPing
School: Huazhong University of Science and Technology
Course: Legal
Keywords: Self-employed workers Related injuries Personal injury compensation
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 68
Quote: 0
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Abstract

With the development of market economy, individual industrial and commercial households in a market economy an increasingly important role, individual businesses and workers related to the protection of legal rights is also growing emphasis on individual industrial and commercial households hired legal issues related injuries and compensation, because the theory and in practice there is a big controversy and disagreement, contemporary scholars have become the focus of attention. Words from the argument method level, China's existing laws on individual businesses and workers compensation injury personal injury provisions of the Regulation of the existence of two different modes: First, under the \the relevant requirements of the employer (including individual industrial and commercial households) labor relations with its employees under the \For example, the \and standards by the laws and regulations \special kind of civil tort, under tort law provisions of the relevant provisions of adjustment, the Supreme Court (88) China He Zi No. 1 \\In the \provisions to deal with the problem, but because of the legal relationship between the two based on a different basis, resulting in a larger difference of their compensation standards, \From the judicial practice, due to the specific case of the trial judge in the end what kind of law applicable to the different understanding, resulting in similar facts of the case, but adapted to the law are quite different, which causes individual businesses and the amount of compensation awarded to injured workers is not the same. 2010 came into effect the \In particular, Article 37 of the Act clearly states that \According to the \From this perspective, which has no effect on the employer workers in the performance of their duties during the injuries caused by the problem to make a personal injury compensation provisions. Meanwhile, \labor relations, according to the \which provides that damages can not be applied equally. 2011 New \20 times \national standards will also bring some problems, issues related to the author in chapter II below specific analysis, and with the \The spirit of the author hired to protect the legitimate interests of individual businesses to mind, self-employed workers injured on the identification of the relevant legal issues involved, the \from comparative law perspective on the foreign judicial practice of the relevant case analysis and research, combined with the inherent characteristics of individual businesses to raise questions about individual businesses and workers compensation for personal injury related injuries and legal issues related to refine and improve the recommendations and proposals.

Study on Compensation of Personal Injury of Employee in Individual Business

Abstract

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