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私营企业承担雇工因工致伤的民事责任应视不同情况分别适用过错责任原则和公平责任原则。理由是:(一)过错责任原则是《民法通则》的一个基本原则。因工致伤赔偿纠纷是当事人之间的民事权益争议,应当受到《民法通则》的调整。因此,此类案件的民事责任承担应当适用过错责任原则。(二)当致伤的责任完全在于雇工本人时,企业没有过错,企业就不需承担任何民事责任。但是,根据我国宪法对劳动者实行劳动保护规定来看,企业承担一定的民事责任,给予适当的赔偿是无疑的。那么,适用
The civil liability of private enterprises to take part in work-related injury caused by work shall be governed by the principle of fault liability and fair liability respectively according to different situations. The reasons are: (1) The principle of fault liability is a basic principle of “General Principles of Civil Law.” Dispute compensation due to work-related injury is a dispute over civil rights between the parties and should be subject to the “General Rules of Civil Law”. Therefore, the civil liability of such cases should apply the principle of fault liability. (B) When the responsibility for wounding lies entirely in the employment of workers themselves, the enterprise is not at fault, the company does not need to bear any civil liability. However, judging from the provisions of our country's constitution on labor protection for laborers, it is doubtless that enterprises should assume certain civil liability and provide proper compensation. Well, it applies