| With the development and improvement of China’s socialist market economy theemployment relationship appears as a large number of different forms, Also it producemore dispute at the same time especially the compensation for personal injury dispute.This paper survey Comprehensive the nine areas grass roots courts andintermediate court about compensation for employees’ personal injury dispute during2009-2011in Changsha City,Nearly three years of Changsha City court accept suchthe number of cases is rising year by year.In the case of most of the employees weremigrant workers, engaged in the industry for the construction, decoration and othertwo or three industries;While employers species is rendered by a natural person to thediversification of the main features.The trial of a case by the judgment,Judgments ofthe subject of liabilities for compensation is also diverse,For personal injurycompensation, project identification has its specific standards.Security consciousnessand legal consciousness,legal system and lack of responsibility mechanism isimperfect employee personal injury compensation disputes causes.In the case ofemployment relationship existed in identification and Employee Job Infringementdisputes;In the law, personal injury compensation "judicial interpretation" in eleventhand "tort law" thirty-fifth article for employees or provide services for those whosuffers harm situation,On the imputation principles and specific application needs tobe studied further;On the responsibility of disputed and demonstrated in third byemployees of damage liability aspects.The proposal to solve the above problems, improve the Employment related legalsystem in Legislation, establish employee social security mechanism to Perfect themethods of compensation in Liability for compensation on the one hand, It isnecessary to strengthen the awareness of legal and safety responsibilities foremployees and employers to protect the health and sustainable development of theemployment relationship. |
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