| Industrial injury compensation has changed from single way of regulation to themultiple adjustment which stretches to many fields like commercial insurance law, socialinsurance law, tort law. For the dual nature of industrial injury insurance and person injurycompensation, one injury accident can lead the overlap of commercial insurancecompensation and tort compensation. Our current laws about how to make the properprocessing when competing have not been clear. That’s also the reason why jail sentencesoften appear in the different situation. The concurrence treatment of industrial injuryinsurance compensation and damage compensation has no longer been a simple legal issue,it relates to various interest and social stability.Based on the study of insurance compensation and damage compensation, combinedwith the existing law, we have pointed out the lack of treatment about how to deal with thecompeting. Therefore, we put out a set of Chinese concurrence solution at the end of thispaper.The paper is divided into three parts. The first part is theoretical foundation part.Based on the meaning of industrial injury insurance and damage compensation, we analysisthe reasons of competing. At the end of this part we also discuss the two different kinds ofcompeting. In the second part, according to China’s legislative and judicial practice I pointout the identify problems from laws and judicial interpretations, administrative regulationsand departmental rules. There are three problems: the vagueness choice, subrogation, andthe vacancies of mental damages. In the third part, according to the lack of legislation onthe above-mentioned three aspects, I put forward corresponding suggestions. Then Ianalyze four solving modes: supplement mode, alternative mode, selective mode, andadded mode, while we also draw a special way-part way mode. Based on the actualsituation in our country, we put forward corresponding suggestions finally. |
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