Research On The Application Of The Industrial Accidents Insurance Claims And Tort Compensation Relationship

After the1980s, a large number of industial accidents are taking place by the rapideconomic development.The resulting work-related injuries caused by the issue ofcompensantion is an urgent need to address the issue.Addition, because the issue of compensation for infringement caused by industrialaccidents due to the provisions of our legislation not clear enough, around the legislativeprovisions also vary, and judicial practice is not uniform, we have an urgent need toconduct in-depth study of how to deal with employers’ liability insurance compensationand tort compensation applicable to the relationship, select the model, two complementaryto the applicable central point of this article will be explored.The paper is divided into four chapters.The first chapter a basic introduction to the basic theory of industrial accidentscompensation in the legal system, points out the advantages and disadvantages of theevolution of the mode of work-related injuries compensation insurance claims andaccidents. Today’s work-related injuries compensation work injury insurancecompensation to achieve the protection of victims of workers’ rights in the work-relatedinjuries, compensation for industrial injury insurance is designed to fill the damage on theprinciple of partial compensation model is not able to achieve full compensation forvictimized workers loss. Injury insurance compensation for a single mode does not work,the system of tort compensation bite until the introduction of the field of compensation foraccidents at work.The second chapter, the compensation of work injury insurance and tortcompensation, carried out a detailed description of differences and competing oncompensation for industrial injury insurance and tort compensation. Injury insurancecompensation and tort compensation are two separate legal departments, each with itsadjustment of the basic principles. Based on the principle of "responsibility competing"and "standard competing, industrial injury insurance compensation and tort compensationcomplement each other applicable is reasonable and feasible.The third chapter is devoted to the status quo of China’s work-related injuries compensation law applies, and points out some problems in work-related injuriescompensation injury insurance compensation and tort damages of complementaryapplication of the existence of: legislative aspects of general semantics, are not uniform,each local given are not uniform, different standards of judicial practice. China industrialaccidents compensation to select a more reasonable compensation necessity.The fourth chapter is to analyze China’s foreign development model, how to selectthe mode of compensation in line with China’s national conditions. Depending on thecircumstances, we should apply to different models, mainly two modes: the first one tocompensation for industrial injury insurance, tort compensation supplemented bycompensation mode; second injury insurance compensation and tort compensation chiefget compensation mode.