Study On The Legal Applicability Of Industrial Injury Indemnity

In modern society, along with the development of legal systems in various countries and areas, there emerges multi-dimensional compensation or compensation mechanism regarding the disposal of personal injures in industrial accidents, which leads to the coexistence of industrial insurance compensation and civil tort compensation. In the present stage in our country, there exist a lot of disputes relating to applicability to industrial insurance compensation or civil tort compensation for the case of industrial accidents in the practice of judicature. However, there is a lack of explicit regulation in present law regarding the issue of applicability to industrial injury compensation, resulting in different practice and negative influence on legal identity. Therefore, research on how to coordinate the relationship between multi-dimensional compensation and compensation mechanism and fully exert the functions of various systems is of great significance to safeguard laborers'rights, stabilize and improve labor relationship and push the development of society and economy.As to the issue of applicability to industrial insurance compensation and civil tort compensation, this article is to discuss in four parts, besides introduction and conclusion.The first part gives the definition of industrial injury compensation. After analyzing the definition of industrial injury and industrial injury accidents, the thesis gives the combination and the character of industrial injury compensation. The second part describes the historical evolution of the industrial injury compensation system which has experienced a twisting development course from social insurance to enterprise insurance, and again social insurance. In foreign countries, the system has initially experienced a development course from solution in private to personal relief via tort compensation. Afterwards, with the development of industrialization, there appeared independent industrial relief system, namely industrial injury insurance system, which is separate from traditional tort compensation system and commercial liability insurance system. This part also analyzes and compares similarities and differences of industrial injury insurance legislation of our country and western developed industrialized countries in the respect of invention, development and legislation of industrial injury insurance. Although the systems in both have gone through the course from private relief to public relief, they have considerable diversity in legislation and disposal of industrial injury compensation.The third part is to analyze the issue of combination of industrial injury liability. Through analyzing the theories of industrial injury liability combination, it is known that casualties of industrial accidents possess the dual claim right of personal damage compensation and industrial injury insurance treatment payment, which leads to the liability combination of different scopes of law. After analyzing the practical cases of industrial injury liability combination, it is recognized that the situation of industrial injury liability combination exists in all the nations including our country under the influence of multi-dimensional construction of law. There are mainly four patterns in dealing with industrial accidents in countries or areas according to applicability to industrial injury insurance or civil tort damage compensation, namely acquirement pattern, selection pattern, both-obtaining pattern and supplement pattern. It is necessary to analyze their advantages and limits, which will help us to find a best pattern in accordance with the current circumstance of our country.The fourth part is to bring forward legislation proposal in respect of industrial injury compensation system in our country. The objective of analyzing the current situation of legislation concerning industrial injury compensation of our country is to discover the reason why our legislation thinking is blocked, namely the impact of duality construction of law. The premise of clearing up the legislation thinking is to find a solution to industrial injury compensation liability combination. Through analysis of definition, history and liability combination of industrial injury compensation in the first three parts, and comparison between the systems of industrial injury compensation and tort compensation, this part indicates the elements that needs to be considered in our country's industrial injury compensation mechanism, namely, in addition to the consideration of different tort subjects, corresponding responsibilities should be determined according to different characters of tort behaviors. From this, the article proposes the pattern of solution to industrial injury liability combination, that is, supplement pattern as the main pattern for the-third-part's tort, replacement pattern as the pervasive pattern for non-the-third-part's tort, and selection pattern as the main pattern for employer's fatal defect. At last, the article puts forward the specific legislation proposal about content of industrial injury compensation of our country to achieve its best legislation effect, that is, the most reasonable mechanism in industrial injury compensation should be to avoid casualties to obtain double benefits and also to prevent disadvantageous groups from making improper choices for themselves due to insufficient information.