Application Between Industrial Insurance Indemnification And Civil Infringement Indemnity

The deterioration of environment and development of industry give birth to thesocial issue of work injury which happens frequently, hence, a multitude of attentionhave been paid to how to alleviate work injury. In terms of saving the work injury, itusually happens that the concurrence of industrial insurance indemnification and civilinfringement, however, the stipulation by relevant laws about how to apply the system isalso unclear, both of above reasons cause the discrepancy as to law application aboutwork injury in judicial practice, which further affects the unity of law. According to theapplication relation between industrial insurance indemnification and civil infringementindemnity in work injury situation, this paper studies on the aforementioned issue in fourparts.The first part introduces the definition, characteristics and quality of industrialinjury, and illustrates the development of industrial injury. The second part introducestwo systems for saving industrial injury, namely industrial insurance indemnificationand civil infringement indemnity, then it conducts detailed comparison and analysis forabove two systems and clarifies the combination and differences between two systems.The third part discusses four models about coordinated application of above twosystems and analyses the strengths and shortcomings of every model. Selection modeconfers the laborer in industrial injury with the right to select one of above two systems;cumulation model is the most favorable option for injured laborers, but it is contradictto the principles for foundering the injury insurance system and increases the burden ofemployer; substitution model assures the timely indemnification for injured laborers,however, the strength and range of industrial injury insurance is below civilinfringement indemnity mode, plus, substitution is not favorable for the sanction andprevention of industrial accident; supplementary model allows to compensate theinjured laborer quickly, and the injured laborer can ask the infringer for extracompensation to make up the loss gap between actual loss and industrial injury underthe supplementary model, meanwhile, this model can prevent the industrial injury, so supplementary model is the optimal choice. The fourth part introduces the presentsituation of legislation status and judicial practice saving the industrial injury in China.The fifth part puts forward concrete advice on completing Chinese industrial injuryindemnification system.