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农民张某准备在自家宅基地上建两层砖混房,与工匠刘某签订建房合同约定?“包工不包料”且“施工中发生的工伤责任由刘某承担”。刘某组织齐某等5人共同施工,每人每天的报酬相同。在施工过程中,齐某不慎自墙上跌下致残,因赔偿问题协商不成,遂将房主张某和刘某诉至法院。关于此案,有几种不同意见,一种意见认为,张某作为发包人,因选任不当,依据《关于审理人身损害赔偿案件适用法律若干问题的解释》(下称《人
Zhang farmers ready to build two homes in their homestead brick masonry, and artisans Liu signed a contract for the construction contract? “Contractor does not include ” and “the construction of the work-related injury liability borne by Liu ”. Liu organized five people such as Qimou joint construction, the same per person per day. In the course of construction, Qimou accidentally fell from the wall disability, due to failure to consult the issue of compensation, then the owner Zhang and Liu sued the court. On this case, there are several different opinions, one opinion that Zhang as a contract, due to improper election, based on “on the trial of personal injury compensation law applicable to the interpretation of a number of issues” (hereinafter referred to as "people