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对于因民房建筑所引发的雇员受害类赔偿案件,一直是基层法院的疑难重点案件,该类案件,涉及的当事人主体以三方为主,包括雇员(受害人)、雇主、发包方(房东),涉及两大块法律关系,包括雇主与雇员之间的法律关系和雇主与发包方的法律关系。根据《侵权责任法》,雇主对于雇员的受害赔偿责任,经历了从无过错责任到过错责任的变迁,而关于发包方的责任,侵权责任法未有规定,就发包方(房东)与承包方(雇主)而言,双方之间应为承揽合同关系,在此基础上,本文通过对最高院的人身损害赔偿司法解释的解读,结合侵权责任法立法趋势及司法实践,认为对于农村民房建筑所引发的雇员受害类赔偿案件,发包方(房东)应就其自身过错承担相应的按份责任,如判决发包方与承包方对雇员受到的人身损害负连带赔偿责任不恰当的加重了房主的赔偿责任,造成了事实上的不公平。同时,结合农村实际,本文亦提出了相关建议,以期降低风险,减少各方损失。
The cases of compensation for employees’ injuries caused by the construction of houses have always been the focus of difficult cases of the grass-roots courts. The main body of the parties involved in the cases are mainly three parties including employees (victims), employers, contractors (landlords) It involves two major legal relationships, including the legal relationship between the employer and the employee and the legal relationship between the employer and the employer. According to the Tort Liability Act, the employer’s liability for the injury suffered by the employee has undergone a change from faultless liability to fault liability. However, as for the liability of the employer, tort law does not stipulate that the employer (landlord) and the contractor (Employers), the contractual relationship between the two parties should be contract. On this basis, through the interpretation of the judicial interpretation of personal injury compensation of the Supreme People’s Court, combined with the legislative tendency and judicial practice of tort liability law, this paper holds that for rural residential buildings In case of compensation for employees’ injury caused by the employer, the Employer (the Landlord) shall assume the corresponding responsibility according to its own fault. If the Employer and the Contractor adjudicate for the personal injury suffered by the Employee, it is improper to aggravate the situation of the Employer Liability, resulting in de facto unfairness. At the same time, combined with the actual situation in rural areas, this article also put forward relevant suggestions, with a view to reducing the risk and reducing the losses of all parties.