由于我国目前《劳动法》和《合同法》的二元调整模式,使得雇佣关系和劳动关系中雇员人身损害的赔偿从归责原则到赔偿范围等都有很大不同。从本质上看,劳动关系和雇佣关系具有一致性,建立劳动法统一调整模式既符合雇佣关系历史的发展轨迹,暗合了侵权法的补偿功能,也凸现了尊重人权、以人为本的现代法治理念。 Due to the current dual mode of adjustment of “Labor Law” and “Contract Law” in our country, there are great differences between the principle of liability and the scope of compensation for the employees' personal injury in employment relations and labor relations. In essence, the relationship between labor and employment is consistent. Establishing the unified adjustment mode of labor law not only accords with the history of employment relationship, but also implies the compensatory function of tort law, and also highlights the modern rule of law idea of ​​respecting human rights and people-oriented.