Concurrence Between The Industrial Injury Insurance And The Personal Injury Compensation

The system of Industrial Injury Insurance, as one major part of the social security system, now is highlighting its valuable effects in our modern life. With the function of protecting the labors and sharing the risks with the employers, it makes significant sense on perfecting the social security system step by step. While simultaneously, the concurrence and conflicts between the system of the Industrial Injury Insurance and the system of Personal Injury Compensation also present out along together with all the others. " Principle of liability without fault" followed by the Industrial Injury Insurance can not be planned as a whole and consistently with other theories concerning the traditional Tort Injury Compensation, such as " imputation principle", " principle of comprehensive compensation ", " equity principle" etc. Therefore, if we cling on to the traditional theories, the settlement to the concurrence between the Industrial Injury Insurance and the Personal Injury Compensation would plunge into the confusions of theories and logic. This article just try to analyze the concurrence relationship between the Industrial Injury Insurance and the Personal Injury Compensation as well as the corresponding settlement models from the few chapters below, and put forward some settlement suggestion according to the different reason-duty in the industrial accidents .Chapter One dissertates the system of Industrial Injury Insurance, emphasizing on three aspects, the origin and development of its history, basic principles, the theoretic basis of " Principle of liability without fault ". Firstly, this chapter discusses the source of Civil Compensation and Industrial Injury Insurance, based on its historical origin and development; then it expatiates the crucial effects on the system of Industrial Injury Insurance in the treatment of the industrial accidents, according to the theories of " Principle of liability without fault "and the basic principles of the system of Industrial Injury Insurance.Chapter Two dissertates the double attributes of the industrial accident from its concept, scope, character and classification these four aspects, which are the character of the Industrial Injury Insurance and the character of Personal Injury Compensation. The extensive scope of the affirmation to industrial accidents accounts for the highness of the occurrence probability to the industrial accidents caused by the Tort Injury. By the classification in accordance with the reason-duty of the industrial accidents, it can be divided into two parts: "Industrial accidents due to the employer" and "Industrial accidents not due to the employer". Chapter Three is the special topic of industrial accident duty. It includes the aspects of the industrial accident duty such as concept, content, constitute, duty subject, duty object, legal relationship etc. This chapter shows the content of the industrial accident duty including "the industrial injury insurance duty" and "the personal injury compensation duty". On the base of the difference between "the Industrial Injury Insurance duty" and "the personal injury compensation duty", this chapter puts emphasis on the necessity of the later in the treatment of industrial accident. "The industrial injury insurance duty" regards "the treatment of the industrial injury insurance" as the contents; "the personal compensation duty" regards "the scope of the personal compensation" as the contents, crossing on the contents scope, having the same quality items, as well as the proprietary and different character items belonging to each. The treatment of industrial injury insurance would be stopped or changed on the amount because of a certain reason, but it would not temper with the claim right of the personal injury compensation to the employees who had been hurt in the industrial accidents. Chapter Four discusses about the theoretic basis of the concurrence between the Industrial Injury Insurance and the Personal Injury Compensation, involving the traditional theories of concurren...