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在我国家政服务业方兴未艾,家政服务提供者人身损害赔偿纠纷越来越多,但各地法院对此类案件的法律适用问题却存在争议。家政服务属于雇佣关系,家政服务人员执行职务行为有其判断标准。家政服务提供者人身损害赔偿的归责原则既不是过错推定责任,也不是一般的无过错责任,而是危险责任的一个特殊类型。危险责任的责任承担之具体限制包括责任赔偿数额限制、精神损害赔偿请求禁止、法定的责任追偿规定。
In our country, the domestic service industry is in the ascendant and there are more and more disputes about the personal injury compensation of the domestic service providers. However, the application of the law in such cases by courts all over the country is controversial. Domestic service belongs to the employment relationship, the domestic service personnel to perform their duties have their standards of judgment. The principle of imputation of personal injury damages for domestic service providers is neither presumption of fault nor general faultless liability but a special type of dangerous liability. Specific responsibilities of the liability for hazardous liabilities bear the limits of the amount of liability, the request for compensation for mental damage is prohibited, the statutory requirements for the recovery of the liability.