The Analysis Of The Law Application About Industrial Injury Insurance And The Personal Injury Compensation

Since industrialization human production has been accompanied by industrial accidents. In the current process of China's rapid economic development, more industrial accidents occurred frequently. Industrial accidents cause the workers significant bodily injury while affect the production and social stability. How to relief workers and reduce the incidence of accidents is always the important problem in the theory and practice. Among the reliefs, civil damages and industrial injury insurance are two basic relief system. The combination of these two systems is very complicated and controversial. Industrial injury insurance come from the tort system play a significant role in protecting and compensating workers interests, and decentralizing enterprise risk. But the defects of the system is also very obvious,cause negative impact deviating from the original purpose. Combinating industrial injury insurance system and the personal injury compensation system to play their respective advantages is necessary and possible.Writer try to analysis the application of the industrial injury insurance system and the personal injury compensation system,and make own deas.Paper is significance on China's legislative and judicial practice.The full text is divided into three components.The first part is overview of the industrial accidents and work-related injury insurance. In this part, first ,summarize the concept of work-related accidents, and analysis the legal characteristics of industrial accidents. Second, analysis doctrine of liability fixation of industrial accidents including enterprise liability for wrongs and liability without faults.Third, analysis composition of the responsibility for industrial accidents from five aspects,on this basis, noting there is disadvantages about enterprises liability in the personal compensation system under the principle of liability without fault ,and the disadvantages of employers liability , guiding the characteristics and advantages of industrial injury insurance system and the value of industrial injury insurance system.The second part is the analysis of concurrence between the industrial injury insurance and the personal injury compensation. the industrial injury insurance compensation not only is a part of social security insurance system but also the personal injury compensation as tort damages. To illustrate two different functions, there is the distinction between industrial injury insurance liability and tort liability. The concurrence between the industrial injury insurance and the personal injury compensation is complex and generalized. The application model about the concurrence abroad include four types:exempt model ,the mode of choice, the column mode,supplementary mode.which have advantages and disadvantages of the four models apply. As a way to solve work-related accidents, The industrial injury insurance is very necessary in order to protect all workers rights, including the rights of the spirit, accident prevention, reducing the accident rate and avoid injury insurance fund deplete, eliminating confusion of the application of the law.The third part is about construction of accidents processing mode of industrial accidents in our country. Papers reviewed industrial injury insurance system development process in China,stressing the "industrial injury insurance regulations" on the protection of the rights and interests of workers. The current legislation on the concurrence between the industrial injury insurance and the personal injury compensation approve the existence of the concurrence in the legislative and judicial practice. In view of China's handling of accidents in recent years, the paper pointed out the construction of China's industrial injury insurance and personal injury compensation in the applicable legal system, which is priority to industrial injury insurance is the principle of selection , business fault liability for the added modes, enterprise liability without fault for the replaced model, the combined model of the third person tort and particular provisions in law. Enterprises bear special tort responsibility directly when the enterprise did not pay premiums.