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A Research on Personal Injury Compensation Cases Occurred in Rural Housing Construction

Author: SunZuoZuo
Tutor: ZhangHaiYan
School: Shandong University
Course: Legal
Keywords: Rural Housing Construction Personal injury compensation Contract relations Elected fault Legislative gaps
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 107
Quote: 0
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Abstract

In recent years, a tendency to build more houses in rural areas has been rising. In such a case, there are more and more personal injury compensation cases happened in rural housing construction. Those cases are characterized by big compensation amount of litigation target and difficulty to implement. For those cases have seriously hurt the parties concerned and brought a heavy economic burden to them,and may lead to new contradictions. Different views are hold theoretically and practically as to how to define the legal relations among the owner, the contractor and the constructing worker and their legal liabilities.As to the relation between the owner and the contractor, there are three opinions: employer and employee, contracting relation of contraction project, and undertaking relation. The auther consider that the owner-contractor relation shall be legal undertaking relation. As to the relation between the owner and the constructing worker,if the owner does not take part in the construction, they are undertaking relation; if yes, the owner not only joins but also directs the construction, supervises and manages the constructing work, their relation shall be employer-employee.After defining the relations between the owner, the contractor and the constructing worker, it turns to specify their legal liabilities. The contractor, as the employer, shall take employer’s liability for injured employee, The owner, as the reserving man, usually takes no liability, but if the owner has fault for his reserving, instructing or selecting act, he shall take corresponding compensation liability for injured person. If the constructing worker neglects his safety during construction, he shall take certain liability for the injury on the ground of the victim’s fault.It is suggested about the present situations that we shall make more laws, standardize supervising and managing work over rural construction, carry out insurances to accidental personal injuries, carry out legal education, publicize safety knowledge. Those suggestions

A Research on Personal Injury Compensation Cases Occurred in Rural Housing Construction

Abstract

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