Studies On Damage Compensation System Of Industrial Injury Accident

The productivity has been released since the industrialization began, but at the same time, industrial injury accident has been very closely associated with each other. The damage compensation of industrial injury accident has changed from fault liability to principle of liability without fault, from tort damage compensation to social guarantee, and in modern society, the damage compensation system of industrial injury accident has been developed and come into being concurrence of multifold systems. The trouble of damage of industrial injury accident will bring lots of social matters, since the level of industrialization has been improved. It is always the important research task of how to save the victim, how to harmonize diversified redress systems, and resolve the social matters worked by industrial injury accident.The article includes four parts. The chapter one introduces the developing course of damage compensation system of industrial injury accident and the legislation examples of some primary countries in continental legal system and in common law. The article summarizes the uniform current that the damage compensation of industrial injury accident has changed from fault liability to principle of liability without fault; from redress mode single traditional to multifold redress system. And the internal value has also changed.The chapter two analyses damage compensation system of industrial injury accident. It exhibits the jurisprudence gist of industrial injury insurance, and analyses social solidarity which is the foundation of industrial injury insurance. And the purpose of industrial injury insurance is protecting right of existence. The article also analyses some systems by the method of economic analysis of law.The chapter three compares tort damage compensation of industrial injury accident and the insurance systems. There are some different methods in damage compensation system of industrial injury accident, including tort liability compensation, compensation of industrial injury insurance (social insurance) and compensation of liability insurance (commercial insurance). The investigation about damage compensation system of industrial injury accident is how to use the different methods synthetically. This article introduces the developing course of tort liability and liability insurance firstly, and analyses the feasibility and the possibility of liability insurance in our country simply. Next part is the comparison between tort liability and industrial injury insurance, and analyses four different compensation methods of industrial injury accident which has been existed overseas. The article testifies the supplement method is the best method in our country through investigation and analysis.The chapter four introduces present situation, the insufficiency and the countermeasure of damage compensation system of industrial injury accident in our country. This part is the key point and the innovation places. The part scans the present situation of legislation, judicatory system and theory of damage compensation system of industrial injury accident in our country. The chapter enumerates and reviews the problem at the present time, and brings forward new countermeasures which aimed at the actual legislation. The author protests that the damage compensation of industrial injury accident should follow the principle of liability without fault, and apply advisably the principle of fault liability. The author elaborates our country should carry out the supplement method in the future, and allow the victim institute tort suit after obtaining compensation of industrial injury insurance.