On The Industrial Injury Insurance Right Of Recourse

Accidents at work，as a subordinate to industrial developmentalways bring serious injury and economic loss to works. At thesame time,the relief system of industrial accidents has alsodeveloped a continuous improvement and consummation. Theinjury insurance right of recourse as a new system, establishedby the Insurance Law, is a milestone in the history of thedevelopment of the industrial injury insurance.It will deepenour understanding on the right of recourse for injury insurance by analyzing its meaning, nature and legal effect, so that wecan play its role better. In this process, we will also findsome flaws and shortcomings of the existing legislation, andprovide some constructive comments and suggestions for it.There are five parts in this thesis.The first chapter focuseson the evolution and development of the industrial injuryinsurance relief system. Including the history of thehistorical development of the injury relief system worldwide,and the domestic process of the development of the industrialinjury insurance system.The second chapter gives deep analysis of the injuryinsurance right of recourse. Starting from the meaning of theindustrial injury insurance’s recourse.We will expound on thenature of the industrial injury insurance’s recourse, whichwill lead to the fact that the nature of the industrial injuryinsurance’s recourse is legal migration. And throughcomparative analysis,compare the industrial injuryinsurance’s recourse with similar concept such as commercialinsurance, assignment of claims, creditors subrogation right.In the comparison,we will further enhance awareness ofthe industrial injury insurance’s recourse.The third chapter commenced detailed expotion on the legaleffect of the industrial injury insurance’s recourse.Fromthe injury insurance produce premise, the constituent elementsof the right,to the exercise conditions and modalities of theright. By combing and Discrimination, the author reveals theeffectiveness between subject and object of the industrialinjury insurance’s recourse.In the fourth chapter, long time arguments in academia of thecompensation for work-related injury insurance and tort damagecompensation competing theorists are listed and summarized.After analyzing the pros and cons of the four legislation modelprevailing internationally, and combining the domesticlegislation in current situation, the author conceive a systemthat should be replaced by relying substitution mode with rightof recourse.The fifth chapter lists and summarizes the existinglegislation condition of the industrial injury insurance’s recourse. The inadequacies of existing legislation and putforward their own ideas to establish more complete compensationfor work-related injury insurance system.