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Research On The Coincidence Problems Of Industrial Injury Compensation And Personal Injury Compensation

Posted on:2013-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:D HeFull Text:PDF
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Injury accident happens from time to tome in modern industrial society, the damage mechanism of industrial injury accident also turn by union of system to multiple system development. On the subject, traditional civil law and modern labor and social security mentioned it, just this two relationship are very tense.Because the law to regulate the labor relationship go through private law, labor law, the evolution of the social security act, the application is chaos, and based on the right of claim relations happened industrial injury is involved already, choose and employ persons and laborer may involve infringement the third person, industrial injury insurance agency, during which the relationship is complex.Therefore, how to ask for compensation after suffered damage as a vulnerable groups in the laborer industrial injury become scholars of concern for the problem. The suffered workers is available only in range of industrial injury insurance compensation for personal injury or within the range to choose, or complement each other or both can have your cake and eat it? In China’s current law, although some department laws and judicial interpretation and local regulations give the rules, but because the legislation not unity, semantic ominous lead to the judicial disoriented. Based on the review DE, the U.S., Japan, New Zealand these four big developed countries and China’s in the two big compensation law based on the coordination between the legislation, With history as a mirror, using foreign law experience perfect our country industrial injury compensation system.Industrial injury compensation for damage and compensation for personal injury of the concurrence of conflict is inevitable, to coordinate the conflicts, foreign provides four solve mode, namely the alternative model, having your cake and eat it mode, selecting mode, added mode. Four models have advantages and disadvantages, which is more suitable for our country in the academic circle, launched a widely discussed. Professor zhangxinbao proposaled that alternative and complementary with special circumstances choice model; Professor GuoMingRui is claims it mode. Through the expo many theories and consider the universal and effectiveness in judicial practice, My opinion is mining alternative and complementary with special situations added mode in our country. Then, in view of the existing legislation in the defects, Inputs forward my own improvement Suggestions, such as clearing semantic, unified legislation, getting the mental damage compensation into law, and so on.
Keywords/Search Tags:industrial injury compensation, personal injurycompensation, coincidence, Four Main Mode
PDF Full Text Request
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