Injury Insurance And Tort Liability Law Apply

Although industrialization has brought great leap forward to the development of productive forces of human society, it also brought a high incidence of work injuries. Work injury is not only a huge threat to the workers'personal right but also increasingly prominent pressure and contradiction to society. With the development of the practice, people gradually realize that although the incidence of work injury can be minimized by various efforts, it cannot be completely avoided. It is a difficult problem to achieve an effective remedy system, which not only protect the injured workers, but also keep the interests of both employers and normal business activities, that concerned much by legislation and judiciary worldwide.As a large country in a period of rapid development of economy, work injuries also occur frequently in China. Like many countries in the world, the legal situation of coexistence of two systems which are work injury insurance and tort compensation also exists in our country. To specific the relationship between the two systems in the handling of solving work injury is an important prerequisite for work injuries. For this problem, legislatures at all levels are trying to make their own understanding, but a unified authority for disposal has not formed yet in China. Instead, different or even conflicting provisions emerged due to different explanations, which is an enormous damage to the authority of law system and legal equity. Therefore, I hope to discuss the choice of laws between work injury insurance and tort compensation with you through this paper and propose some suggestions.This thesis is composed of five parts and describes the following issues:The first part is the introduction of work injury insurance and tort compensation. I take a better understanding of their own, and then compare the difference of them two. In particular, I emphasize the advantages of the work-related injury insurance system with respect to tort compensation.The second part is the study of how other countries in the world deal with the relationship between work injury insurance and tort compensation compare them and evaluate the models.The third part mainly takes a more comprehensive understanding of choice of laws between work injury insurance and tort compensations in present China, including the provisions in the central and local legislation. The problems that related and the analysis of how the problem occurs are introduced.The forth part is a study of the factors that influence the application of law. I analyze from four perspectives, including functional analysis, system difference in treatment, people-oriented values and the system cost considerations.The fifth part is the prospect of related legislation in China. I put forward my own thinking based on the analysis of the different points of view in theoretical circle. My recommendation is a relief pattern of two adjustments. The first adjustment is that work injury insurance take precedence, the regulatory system is equally applicable to every victim, in order to achieve "distributive justice"; the second adjustment is the individual adjustment by the tort law, to realize "corrective justice."I not only focus on the advanced experience of foreign study and reference, but also take the actual situation in our country into consideration during my statement. I propose my own suggestion of the choice of laws between work injury insurance and tort compensation based on consideration of the above.