On The Industrial Injury Insurance Liability And Damages Of Competing With The Coincidence

The purpose: research on industrial injury insurance liability and damages of competing with the coincidnce of circumstances, explore the responsibility of the two different ways, and to explore China's relevant law, as well as the future of our intention on the issue of how legislation should be.Methods: looking back through history, sort of responsibility for injury history rheological, Form fault liability to the no—fault liability, fort damages from the social security changes, and so far appears to be four types of comparative analysis liability model. Were no longer competing with coincidence of circumstances, the detinition and analysis of the legal responsibility, and to explore the overlap in the case of social insurance institutions subrogation issues. Finally, China's legislative review, and demages related to judicial interpretation and understanding of the dispute to be explored, China's future outlook related legislation.The results:responsibility for work-related injuries through the history of changes can be seen, from the fault liability to the no-fault liability that is attributable an objective manners, from the infringement damages to the social insurance assume that the loss of socialization, all this has a historical necessity. Four from the responsibility to see mode,choose models and free modes have been outed increasingly by the human society.the combined models and model andded as a result of reasonable so far as the use of hnman. And then infer the two case in our conutry (competing and coincidence) should be the model legislation.Conclusion: according to the principle of fair and reasonable, combined with China's specific national conditions, should be given access to work-related injuries in the treatment of post-injury insurance for employers the right to request demages, but, should be based on the personal injury insurance and compensation for damages difference; in the case of coincidence, it should be a clear pattern of work-related injuries are the sum model.