Problem Of Competing Legislation Contingent To Personal Injury In The Work-related Traffic Accident

In modern society, with the change and development of the legal system in various countries and regions, a situation in which the problem of competing legislation contingent to personal injury in a work related traffic accident emerges. In current stage of laws and regulations in our country, when an employee's injury is deemed as work related traffic accident , in addition to physical injury compensation, whether he or she can receive work related injury compensation is a complicated issue. In some cases, the subject will only be compensated by the department of social warfare if the personal injury compensation is insufficient. Due to differences in local regulations, such issues are of constant points of contention between employers, the department of social warfare, employees and their family members.To dissect the problem of competing legislation contingent to personal injury in a work related traffic accident, the following paper approaches from two perspectives: one is from personal injury compensation, and the other from work related injury compensation. By comparing the competing legislation relation between these two items, and the typical four resolutions of the similar cases in foreign countries as well as the advantages and shortcomings within these resolutions, and analyzing the legislature and judicial explanations, and inquiring the distinguishes between the administrative provisions and the application of these bills in local places, we get the best and most beneficial resolution to the society. That is, applying the win-win policy to solve the problem of competing legislation contingent to personal injury in a work related traffic accident. Advice is to unify such bills or making certain related judicial explanations to this kind of cases, in order to make it easier for local labor arbitration committees, courts, and departments of social welfare to solve and efficiently maintain the legal rights of both the employees and employers. To put forward, it also helps to improve the legal system of China.