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I don't know that your home is **, if the construction activities in our Jiangsu are contracted by others and they find personnel and arrange construction, and the construction personnel are **, the contractor shall be liable for compensation as the employer.
Therefore, in combination with your case, it should be the person in charge of the construction team.
If the court decides that you are wrong, if it is a first-instance judgment, you can still appeal, and if the second-instance judgment has already taken effect, you can also apply for a retrial, appeal to the people's procuratorate at the first level, and you can also report it to the people's congress, letters and visits, and other departments. When you reflect, you must bring a little bit of relevant legal provisions and judgments, so that the interviewee can quickly understand that your case has applied the law incorrectly.
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There are too many such things in society, I think your relatives should pay 30% of the responsibility because your relatives' task is to find the construction team and there is no other task and this construction team has to pay 70% of the responsibility, because this temple is only a consumer in terms of interests, but this construction team should be a buyer and seller, and both parties are responsible! So you have to pay!
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This kind of construction accident responsibility should protect their own rights and interests!!
It's up to the construction team to take care of it!
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As mentioned in the title, if it is true that the wall collapsed and caused death due to improper construction, there is a direct causal relationship between the improper construction and the death, and the construction unit should be mainly liable for compensation; However, the employer has certain negligence in selecting the construction unit, and shall bear secondary liability for compensation as appropriate.
Now the contractor has taken full responsibility, and the excess part can be recovered from the construction unit in accordance with the law!
The above opinions are for reference!
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You are jointly and severally liable.
was beaten, even the monks.
The monk gave the old man a good time.
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1. First of all, I think your relatives also have a certain responsibility, how can a construction team be invited without a license? Responsibilities your relatives should also bear a part.
2.A construction team should also bear a part. Due to improper construction, they cannot but say that they do not have a certain responsibility. The temple can recover a portion of the compensation from a construction team. Later, the person in charge of the engineering team absconded with the money, and it was enough to find it.
3.As for the old man's family, who found a group of people to seriously injure your relative, you can ask him to pay damages. If the public security and the courts commit dereliction of duty, favoritism, or other acts, they may be investigated for criminal responsibility. But there has to be proof.
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The safety production management department is responsible.
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If a labor relationship is formed between individuals, and the party providing the service causes damage to others due to the service, the party receiving the service shall bear tort liability. In other words, the construction party, as the party receiving the service, should be liable.
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The owner of the car bears a part, the construction unit bears a part, and if a third party is at fault, it also bears a part, but the owner of the car bears the main responsibility.
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The vehicle is the main one, and the construction unit can't get out of it and will pay a part.
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You don't have to bear any responsibility for introducing someone to do the work, and due to the improper construction of his worker, resulting in death.
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I don't think I'm responsible.
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1. All your relatives are the presiding officers of the temple, and in fact, they are also the responsible persons and rights holders responsible for the construction of the temple, and they are the actual contractors of the project, that is, the employer.
Although the engineering team does not have the corresponding qualifications and licenses, your relatives believe that he has many years of experience in the construction industry and is qualified for this construction project, which is a subjective mistake.
In general, your relatives should bear the corresponding joint and several liability, but not the main responsibility, the contractor should ensure the safety of the construction operation, and if something happens, he should be mainly responsible.
In the case of collusion between the plaintiff and the local court, you can apply for an appeal to a higher people's court.
If your situation is true, it is obvious that "being an official is not the master of the people", which is inaction and abuse of power, causing public injustice, while the real perpetrators are at large. It is recommended that you appeal.
I believe that justice will be done one day.
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1. The main responsibility lies with the construction team.
2. The temple has part of the responsibility because there is no qualified construction unit selected.
3. Can this case be appealed?
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This situation must be the main responsibility of the construction team.
But the temple is also responsible for a small part of the responsibility.
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There are too many such things in society, and I think your relatives should pay 30% of the responsibility, because your relatives' task is to find a construction team and have no other tasks, and this construction team has to pay 70% of the responsibility.
Because this temple is only a consumer in terms of profit, but this construction team should be a buyer and seller, and both parties are responsible! So you have to pay!
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This kind of construction accident responsibility should protect their own rights and interests!!
It's up to the construction team to take care of it!
Let's see what others have to say.
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It belongs to the construction unit to pay, not mandatory, ** to encourage purchase.
Migrant workers' work-related injury insurance is included in the "All Risks for Construction" and is not within the scope of fees. In the project bidding specification document of the Ministry of Construction, it is stipulated that the project owner and the construction unit must jointly insure all risks of the construction project, and the construction unit must handle accidental injury liability insurance for the construction personnel.
Additional third-party liability: During the insurance period, if a work safety accident occurs in the course of the insured's workplace and is employed to engage in the business of the insured as specified in the insurance policy schedule, resulting in the death of a third party, the insurer shall be liable for economic compensation to the insured in accordance with the law, and the insurer shall be responsible for compensation in accordance with the provisions of this additional insurance contract and the main insurance contract.
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Work safety liability insurance (referred to as safety liability insurance) refers to the commercial insurance that insurance institutions compensate for the personnel and related economic losses caused by production safety accidents that occur in the insured production and business operation units, and provide accident prevention services for the insured production and business operation units.
Work safety liability insurance is an insurance for production and business operation units to perform compensation liability for the dead and disabled after the occurrence of production safety accidents, which plays an important role in maintaining social stability and harmony.
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In the event of a traffic accident that causes serious injury or even death to a third party, the law is subject to civil liability and at the same time, criminal liability may also be borne.
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That's a very simple question. First of all, I don't know the extent of the responsibility of the party responsible for the accident, whether the accident has been evaluated by the traffic department. After that, it can be seen whether it is reasonable, the perpetrator who bears the main responsibility, if the accident causes serious injury or death, may be criminally detained, causing criminal proceedings, and after the court trial, may be sentenced to the crime of traffic accident (the party is at fault for driving without a license, drunk driving, overloading, three serious injuries or one death), depending on the severity of the circumstances, a reasonable sentence will be imposed.
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Generally speaking, if you are primarily or fully responsible, it is a traffic accident. to bear criminal liability and civil liability.
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The crime of traffic accident shall be sentenced to imprisonment, not escape, less than three years, and civil compensation
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Whether it is civil liability or criminal liability, it is directly related to the accident determination of the traffic police, and you cannot analyze it specifically based on your simple statement.
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Criminal Law of the People's Republic of China
Article 133 stipulates that whoever violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death to a person or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention under any of the following circumstances:
1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;
2) Where three or more people are killed, they bear equal responsibility for the accident;
3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.
Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:
1) Driving a motor vehicle after drinking or taking drugs;
2) Driving a motor vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;
5) Driving with serious overload;
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The boss is mainly responsible, and the person directly responsible also needs to be partially responsible.
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If an employee suffers personal injury in the course of employment activities, the employer shall be liable for compensation; If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.
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