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A Research Of The Overlapping Of Industrial Injury Compensation And Civil Damages

Posted on:2015-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:F ZhanFull Text:PDF
GTID:2266330428465440Subject:Law
Abstract/Summary:PDF Full Text Request
The continuous progress of human civilization has greatly promoted the social economy. For over30years of reform and opening-up, the signally improved social industrialization level of China satisfied people’s growing material and cultural needs, however, at the same time it caused constantly occurred work-related injury accidents. The victims of work-related injury accidents and their families suffered great pains, compensations of these accidents have become the whole society’s focus of attention, which are related with protecting workers’rights and benefits and maintaining the social harmony and stability. With the establishment and improvement of the work-related injury insurance system, work-related injury insurance compensation and civil damages compensation have become main relief ways for workers after the work-related injury accidents happened. These two ways inevitably create the problem of concurrence because of different legal systems, different basis of rights of claims, and different value functions. These two ways each have advantages and disadvantages, which caused "toss-up" situations for workers to select the suitable relief approach. Therefore, the concurrence of work-related injury insurance compensation and civil damages compensation has been debated in the theoretical circle, several obstacles also exist in the judicial adjudications.Foucs on discussing the significance of the concurrence of work-related injury insurance compensation and civil damages compensation, this paper firstly detailed research the cause and process mode of the concurrence of work-related injury insurance compensation and civil damages compensation. On the basis of comparing the difference between work-related injury insurance compensation and civil damages compensation, the conclusion for reasons of the concurrence is made:different laws have different rules for the same infringement act; different laws have different rights of claims for the same fact; and different value facts produce different relief approaches. The judicial practice around the world often take process modes like selection, replacement, having both and supplement, a large space has been used in this paper to evaluate advantages and disadvantages of these four modes in detail. This paper then point out the problems exists in the concurrence processing mode of the work-related injury insurance compensation and civil damages compensation. At present there are no unified and clear Chinese legal provisions of the concurrence problem, the current regulations are scattered in several laws, regulations and judicial interpretations. They are too obscure, conflicting with each other, having disputes in the theoretical cycle, difficult to operate in the juridical practice, and having different rules and practices in different places. This shows the problems of modes selection and system design in the concurrence problem process mode should be solved immediately in China. Based on the analysis above, this paper considers that complementary mode should be adopted unified, for this mode is accordance with the purpose of establishing the work-related injury insurance system, the function of punishing and preventing of the civil damage compensation legal system and the fair and just principles. In the end this paper comes up with advices of improving related laws according to the requirement of the complementary mode, including the stipulation of adding entity laws and regulations and formulating the procedures which conforms to the complementary mode.
Keywords/Search Tags:work-related injury insurance compensation, civil damages compensation, concurrence
PDF Full Text Request
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