Injury Damages System

Industrial injury is one of the products of industrial society and a normal social problem in modern society, which can not be avoided. Since this problem directly influents the living rights of employees and the development of social security and economy, it becomes an important subject in legal research.In modern society, the legal system of compensation for industrial injury has developed from single compensation mechanism to compound compensation system, which covers the tort law, insurance law, labor law and social security law. Thus it will be significant to study on the legal system of industrial compensation. In modern society, many countries abroad especially some developed industrial countries has researched deeply in this area while in our country the research on this problem is feeble. In civil law, the researches of special torts are focus on medical accident, traffic accident, while in labor law and security law, the researches are focus on industrial security. There is no research on the balance of tort law and security law.This dissertation researches on the legal system of industrial injury compensation and includes four chapters.Chapter one attempts to define concepts of industrial injury and thenature of industrial injury. The industrial injury has different meaning in tort law and social security law, because people use it in different environment. So the compensation should be based on the differences. There are three kinds of theory on the nature of industrial injury: tort relationship, industrial security relationship and double nature. It is suggested that the double nature is more reasonable.Chapter two reviews the origin and history of the legal system of industrial injury compensation. During the course of industrialization, fault liability, as a principle, impenetrated the cases of work injury. Thus came forth a great deal of industrial accidents, which solicited serious social problems. As a result, fault liability met with great impact and non-fault liability came into being which was prescribed in special legislation. As a contemporary product of non-liability, employers' liability insurance was a mechanism to separate risk in the industrial compensation system, which indicated that risk assumption began to be socialization. However, private law could not guarantee the living rights of employees. With the intervention of national power, work injury insurance was constraint to provide employees the basic living condition. Then the writer reviews the development of our country's legal system of industrial injury compensation. Before the judicial interpretation of personal injury compensation, fault liability is the normal principle in judicial practice. After the publication of the judicial interpretation ofpersonal injury compensation, non-fault liability was used as an important principle. Since the build of our country, the employment injury has been included into social security. After 1980's, with our nation's economic development, the law making of social security has improved greatly. The publication of The Statute of Social Security is the first law in the area of industrial injury.Chapter three is about the base of industrial injury compensation and the four models of compound compensation system in the world, which are election model, relieving the tortfeasor model, cumulation model and supplementation model and analyzes the advantages and disadvantages of each one.Chapter four is about the compound compensation system of industrial injury which includes two parts. The first part sums up regulations of industrial injury in law, administrative regulation and regional law and analyze the problems in theory and practice. The second part bring forward writer's own opinion about the legal system of industrial injury compensation and forecast the development trend in the future. As discussed above, aimed at present legislation and the future, countermeasures and legislative suggestions are brought forward as conclusion.