The Study Of Relationship Between The Right To Claim Of Compensation Of Employment Injury Insurance And The Right To Claim Of Compensation Of Personal Injury

With the development of the social economy, the human has gone into employment injury the society, along with the frequent accidents. In the initial stage of the employment injury accidents, there is civil responsibility liability to provide relief, However, with the growing of employment injury accidents, the government set up the system of employment injury insurance in order to protect the legitimate rights and interests of the injured workers. And the emergence of the employment injury insurance system makes appeared two kinds of relief ways, including injury insurance compensation and personal damages, Then coordination on the relationship between the two rights of claim has become the focus of the theory. The rest countries and regions of the world have the provisions of this problem. At present, our academic circle has not yet formed unified understanding, and there are many problems in the legislative and judicial areas, which has become the theoretical and practical problems to be solved. Therefore, I hope this research can clarify the applicable relationship between them, and help workers exercise their own legal rights exactly.This paper can be divided into five parts. The first part describes related concepts, principles and discuss of controversial issues, especially the nature of employment injury accident the injury on employment injury insurance compensation system and the personal injury compensation system, after detailed comparative analysis, I conclude that each system has advantages and disadvantages in dealing with employment injury accident. Then compares and analyze the relationship from the two aspects proceed. Firstly, from historical evolution perspective,1illustrate the course of development, and divide it into three stages, that is, single civil liability relief phase, limited injury compensation stage and the socialization of industrial injury compensation development.The second parts through the introduction of the basic theory of the majority of claims to deal with the relationship between the two draw inspiration. Traditional right to request competing theories to the same facts, based on the same main responsibility for injury insurance compensation claims and personal injury compensation claims main responsibility is not consistent about the relationship between the two rights can not be completely in accordance with the traditional request competing processing rules to resolve.The third part Ⅰ introduce other countries and regions’handing mode on the relationship. There are following four modes:alternative, election, accumulation and supplementation. In my opinion, four modes all have advantages and disadvantages, No matter which single model are unable to coordinate the relationship, it’s imperative to combine the theory with our national conditions and reflect on this issue from multi-perspective.The fourth part traces the history of legislation about this problem, and introduces the present legislation situation and problems. The logic is from theoretical controversy to the deficiency of the legislation then to flaws in judicial field. Theoretical circles on this problem has many disputes, I evaluate some popular opinions. At present, the provisions of the problem are in some regulations, interpretation, and those provisions are so abstract that there is no unified standard to follow in specific practice, which leads to "different sentenced to jail" in the judicial practice.The last part according to the former shortages, from perspective of law’s value make rational thinking, combines our country’s basic conditions, and puts forward countermeasures. According to the different causes of the employment injury accident, I divide the way into three categories, and puts forward different modes to solve, that is when the employer is unmistaken, the alternative model will be applied, when the employer is intentional or seriously mistaken, the supplement model will be applied, combined with punitive damage system. If the third party brings about the employment injury accidents, the supplement model is more suitable, combined with system about the right of recovery.