The Concurrence Of Employment Injury Insurance Compensation And Personal Injury Compensation

With the development of society and economy, people's working environment has been improved, the accepting units for employment injury prevention and protection is also more and more applied.However, in the tort by the third party of employment injury condition, how people should go to maximize the safeguarding their rights, how should people choose in the compensation of employment injury insurance and personal damages? The basis of liability of the compensation of employment injury insurance and the compensation of person damages is different. Employment injury insurance is a kind of social liability insurance, and the damage compensation is a kind of tort compensation, and both the amount of compensation and standard are also different. To these problems, in different countries, the relevant legislation have different treatment concept and treatment principle. The main ideas are the choice mode, supplementary mode, alternative mode and both mode. In the past, debate on such questions had happened in our academic circles, the local government also fragmented, and do their detailed treatment provisions, for this, which make judicial practice disoriented. Now, just on the introduction of the "social insurance law",it finally had t a relatively clear regulation, part both mode. The author thinks that the part both mode is reasonable, compared with the past vague condition,it is a great progress, but for the reasonable of subrogation right in the employment injury insurance and how to exercise subrogation right for insurance institutions, China's legal has not be clear, making Judicial practice in struggling.We should Continue to improve the legislation, to the victim rights completely and smooth safeguard when concurrence of employment injury insurance compensation and personal injury compensation.In this paper, it is divided into five parts to analyze:The first part is "the concurrence of employment injury insurance compensation and personal injury compensation",which analyzes the reasons and performance of concurrence of employment injury insurance compensation and personal injury compensation.The second part is "the evaluation of legislation solving in the world with the concurrence of person damages and employment injury insurance",the main ideas are alternative mode, select pattern, added mode, both model, through the analysis of the advantages and disadvantages of each mode, strive to learn the advantages and avoid its disadvantages.The third part is "our current legislative regulations of he concurrence of person damages and employment injury insurance".The author made detailed summary for our part both mode and think we should improve in the substantive law, the procedure setting and local policy.The fourth part is "the use of the Subrogation right in employment injury insurance and the program design", through the principle of subrogation right in property insurance and Personal insurance, think "social insurance law" prescribed in article 42 of the subrogation right in use of employment injury insurance is very reasonable, but to enshrining subrogation rights to exercise conditions the author somewhat questionable, then puts forward the subrogation right exercise program aspects of the theory conception.The fifth part is "the related legislation". From the solid legal rules, procedures setting and local policies, etc., all of our treatment of employment injury insurance and personal injury lawsuits against the competition legislation improvement suggestions. Particularly as entity puts forward detailed law improvement suggestions.