Legal Application Of Industrial Injury Insurance And Tort Damage Compensation

The development of industrial revolution driven social economic rise rapidly，and alsocaused industrial accident，the side-product of industrial revolution. Different country hasdifferent mode about the application of law for the industrial injury insurance and tort damages，there are four typical modes：Compatibility mode，Alternative mode，Replacement mode andSupplementary mode. The author use the Legal Application of Industrial Injury Insurance andTort Damage Compensation in the title，made her own views on the applicable mode of law，believe that Improved Supplementary mode is the application of the law which suited to China’sactual condition at this stage.The paper is divided into five chapters：The first chapter is the issues raised about how toapplies law between the industrial injury insurance and tort damages. By two differentrepresentative judicial precedents，leads to the Concurrence between industrial injury insuranceand tort damages，then analysis of the causes，and elaborate the concept and nature of injuryinsurance. The second chapter is the current legislation and Research，in order to review andsummary of the current theoretical research and legislation. The third chapter is a longitudinalhistory comparative analysis of the industrial injury insurance system and tort damagecompensation system，primarily from system development history，functional limitations tointerpret. The fouth chapter comment on the model of the lateral law applies about injuryinsurance and tort damage compensation.Combined the typical four applicable mode of lawswith social actual development and analysis with its pros and cons.The fifth chapter is about theapplicable mode of law between industrial injury insurance and tort damage compensation incurrent legislative statement.By sorting out the legislative situation in China， assessingLongitudinal history of the two systems and contrasting the typical world model，Combiningwith the practice of social development in China，the author proposes on the applicable mode oflaw between industrial injury insurance and tort damage compensation under the existinglegislation，so as to improve the law，balance the interests of all parties，promote of the rule oflaw and social development.