| Rural migrant farmers, from the countryside to the cities, and silently out of his own youth and sweat, with modern city construction. As the main labor force of urban construction industry, the inevitable engineering accident makes them feel more difficult. Although with deepening the reform of social security, rural migrant farmers on the rights and interests protection has made great progress, but in reality, due to imperfect legal system, lead to the cognizance of legal relationship and legal responsibility assume certain problems, leaving many rural migrant farmers after suffered personal injury is difficult to get adequate relief. In addition, the problem of compensation standard is controversial, the amount of the compensation standard is too low, not unified, urban and rural differences to all these problems affect the personal injury compensation for the solution of the problem.269 million rural migrant peasant problems on compensation for personal injury has seriously affected the social stability and harmony, as a result, rural migrant peasant problem research on compensation for personal injury has a profound theoretical significance and practical significance.In this paper, the integrated use of method of hermeneutics, historical research and comparative study on the method of research. The text is divided into four chapters:The first chapter is introduction. This part mainly introduces the rural migrant peasants’ problems on compensation for personal injury research background, research significance, research status, and this paper USES the research methods and writing ideas.The second chapter expounds the legal status of rural migrant peasant personal damage compensation liability. On the one hand, with the formation and development of the domestic legislation on compensation for personal injury, the of the current legislation on compensation for personal injury, on the other hand under the different legal relations of damage compensation liability and compensation standard were summarized and expounded.The third chapter reveals the problem of builders personal injury compensation system in our country. The author believes that the current main problems of builders personal damage compensation liability system is:legal relationship to distinguish, the hirer vicarious liability provisions is insufficient, lack of employment standard, personal injury compensation standards overall is low and the low rate of pay of inductrial injury insurance in practice.The fourth chapter in combination with the experience on the comparison, in order toprotect the personal rights and interests of migrant farmers for the purpose, put forward some Suggestions for the improvement of personal injury compensation system in China:clear the hirer vicarious liability, full employment legislation, unified compensation standard; Strengthen social responsibility and a sound system of social relief mechanism, the full implementation of legal aid. |
