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Application Of The Law On Motor Vehicle Traffic Accident Caused By Industrial Accidents

Posted on:2011-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:T XuFull Text:PDF
GTID:2206330335997875Subject:Law
Abstract/Summary:PDF Full Text Request
With the rise of Chinese economy, the number of the motor vehicles is also increasing, the traffic accidents caused by motor vehicles are increasing in a corresponding manner. The accident at work caused by traffic accident is becoming core content of the traffic accident compensation. The accident at work is a complicated legal system itself. It would be hard for people to find the breakthrough when it is combined with traffic accident. It acts the same as in real judicial adjudication.For example, Shanghai local court chooses to use "choose-one" pattern, which is opposite to the one which the Supreme Court prefers.As for the compensation problems of the injured who is suffer from accident at work which is caused by traffic accident,we can see from view of law of torts that the injuring person is to bear civil responsibilities. From the view of labor law, the unit which employs the injured person has some defect about the labor safety and protection. So the unit which employs the injured person should also bear the responsibility of civil compensation. However,the tortious action caused by the third person forms a directly complicated combined relationship. The question is, who should be responsible for the accident at work which is caused by traffic accident?If we choose "choose-one" pattern, which means let the injured person or his relatives choose one pattern of compensation. The author believe that the fixed defects of "choose-one" pattern is:the compensation of the employment injury insurance is too low for the injured person while the compensation for human injury may has big gap between the compensation amout and actual loss.The most difficult problem in real judicial adjudication is how to cordinate the relationship between the two patterns. Different coutries have different choosen of "replace" pattern. Among them, the "replace" pattern is choosen by most of the developped countries because it has the merit of high compensate amout,low cost and easy procedure. It has the merit which the other patterns can not compete. The author believe that the chosen of the "replace" pattern must be built on the hypothesis that the labor has no mistake or gross negligence.The basic theory of "both" pattern is coming from the theory of resposibility coincidence. In essense, the coincidence of resposibility is quite different from concurrence of responsibility. The main point is that the injuring person is not only beared on one legal responsibility but also beared on multiple responsibilities. If we choose "both" pattern,these two legal responsibilities can not replace each other. What's more,the employment injury insurance do not act as what we called complete indemnity. We consider that the "both" pattern is still not perfect. The "both" pattern is opposite to the compensate principle in tortious damages."Supplement"pattern,however,means the injured labor or employee can claim infringement damage compensation and employment injury insurance simultaneously. But the injured person can not receive compensation more than what he actual suffered. The author herein think that the "Supplement" pattern has the merit that the other patterns can not compete. From the view of compensation principle and justice of law, we agree and support the "Supplement" pattern.This paper is focusing on current situation of Chinese accident at work which is caused by traffic accident, and try to discuss with which is combined with judicial interpretation of the Supreme People's court and regulations of work-related injury insurance made by State Council and other related rules. Covering the constitutive requirements, principle of culpability of accident at work witch is caused by traffic accident. This paper also includes the meaning, the nature and the principle of work-related injury insurance, the applicable law of accident at work witch is caused by traffic accident. This paper try to discuss, make comparative research with the difference between judicial interpretation of the Supreme People's court and regulations of work-related injury insurance made by State Council. In the end, the author analyzes on applicable law of the accident at work witch is caused by traffic accident.
Keywords/Search Tags:traffic accident, employment injury insurance, compensation for personal injury
PDF Full Text Request
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