Study On Concurrence Between Industrial Injury Insurance And Civil Compensation

Since the industrial revolution, with the rapid social and economic development, industrial injuries have become an inevitable social problem. Industrial injuries not only directly relate to the maintenance of workers'living rights, but also indirectly affect the social security and national economic development. In modern society, the legal system of compensation for industrial injury involves in tort law, liability insurance law, labor law and social security law. This co-existence of multiple relief system may have caused many kinds of reparation. Therefore, the study has a cross-disciplinary significance. Foreign law experts have started to a depth and extensive research, but our jurisprudence in this field is very limited. In civil law scholars, the study of specific violations are more concentrated in the medical damages, damages in road traffic accidents and other types of damage of injuries. This text employs many kinds of methods, such as case analysis, comparative analysis. It starts from the cases in practice, introduces the legislation in different countries in the model world. It also analyses the relationship between the industrial injuries insurance and civil compensation and gives on suggestion on the application of the law. This text is divided into four chapters.Chapter I starts from the cases of the industrial injury insurance and the tort compensation, lists the different approach in the practice. Then it introduces the topic of this paper through the cases.Chapter II begins by describing the basic legal system of industrial injury insurance, including the concept of industrial injuries, the conception, the characteristics and the meanings of industrial injury insurance, and briefly describes the basic principles of industrial injury insurance system. In the Second, it tells about the history and the development of the industrial injury insurance system in the world, which went in workers themselves, fault liability, non-fault liability and social insurances. The third part of this chapter is about the history of the industrial insurance system in China. And then, we have a overall understanding of the industrial injury insurance. Chapter III discusses the application issue about the industrial injury insurance and the tort compensation. It makes comparison on the legal value, the imputation principle, the basic function, the standard and the scope of compensation between the industrial insurance and civil compensation. We can see clear differences between them. Then it examines four models of dealing with the relationship between them, and analyzes the pros and cons of each model. Finally, it elaborates the status of legislation of China.Chapter IV is about the construction of China's industrial injury insurance compensation system. Using the principle of fairness, efficiency principle, and the principle of protection of workers, the complementary modality will be established. Because of the low efficiency problem of the complementary modality, the system of administrative litigation added with civil litigation will be a better choice in order to improve the efficiency, lighten the litigants' burden and save the judicial resources.