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Injury Tort Liability Study

Posted on:2006-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:G Y LiFull Text:PDF
GTID:2206360155469485Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Accidental work injury is one of the serious problems of modern industrial society, which deeply effects the development of society and economy as well as the life and exist of the injured worker .For the legal relief of accidental work injury, countries have evolved their means from single tort law relief to a comprehensive one, including law of labor, social security law, contract law, insurance law and so on, which shows a trend of multiple regularization of laws. Among this trend, one law's theory ,function ,principle and rules are different from another's , so how to connect and harmonize the different laws and realize sufficient and reasonable relief of injured worker becomes a problem that can not be neglected. It is of theoretic and realistic importance that study on legal relief of accidental work injury has.This dissertation discusses the legal relief of accidental work injury from the standpoint of tort law. In the preface the author recollected the liability for tort of accidental work injury that is being discussed and the questions that still exist. After that the author study the liability for tort of accidental work injury in his article which contains three parts.The first part mainly dealt with the crisis faced by liability for tort of accidental work injury in modern society, and demonstrated the probability and necessity of legal relief of injured worker through tort law. The article argued that the traditional tort law that based on liability for fault was insufficient for injured worker's relief ,which was the essential reason why tort law went down for the regularization of accidental work injury. But this was not to say that the tort law wasvalueless. Here the author made two examples, one was employers' liability insurance, the other was social security insurance. Although they had value to the legal relief of injured worker and gave tremendous affection to tort liability of accidental work injury, it was also not to say that they were perfect regime for the relief of injured worker, which can be proved by the facts that they didn't solve the social and legal problems such as the low level of injured worker's compensation, the loss of law's functions. It is only through tort law that those problems can be solved. In the second part the author did research on the reconstruction of our country's tort liability for injured worker. At the beginning, the author gave some answers to the puzzles that confused our study, such as the difference between accidental work injury in tort law and accidental work injury in social security law, the double natures of accidental work injury. For the reconstruction of tort liability system for accidental work injury, the author insisted that not only the employers' liability connecting with social insurance for accidental work injury, existing outside civil code, and applying no-fault liability should be established, but also the common rules of tort law should be applied to relieve the injured worker in accidental work injury, in which both liability for fault and no-fault liability for highly dangerous activities should be enforced. The author didn't think it was a question of liability or right of claims co-existing but repelling, but a question of classifiable protection. Employers' liability is a liability that has been socialized. Liability for fault is a liability that based on individualism. No-fault liability stipulated in the common tort law has the nature of both all. How to apply them depends on facts and testimony, and the claims of the injured party and the principle favorable to the injured party should be taken into account too.The third part was mainly about the relation between tort liability for accidental work injury and other legal relieves of accidental work injury. Three types of relation were discussed in this part. The first was relation between tort liability for accidental work injury and insurance compensation. The author thought it was clear because of the restricted goal of commercial insurance and the accessory relation between them. The second was relation between tort liability for accidental work injury and contract liability. It was an issue of right of claims co-existing but repelling, and should be disposed with its rules. But there is a problem that for contract liability it is unnecessary for the injured worker to demonstrate the fault of employer, whereas for tort liability it is necessary. In order to balance the conflict between them, the author deemed that the law of labour should impose obligation on the injured worker to prove employer's fault when rights of claim in contract law was raised. The third was relation between tort liability for accidental work injury and social insurance compensation for accidental work injury, and it is quite complex. The author declared that the model of complement should be accepted in all the models in order to realize the functions of different laws.
Keywords/Search Tags:accidental work injury, tort, insurance, liability compensation
PDF Full Text Request
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