Research On The Concurrence Between Infringement Indemnity And Insurance Indemnity Of Industrial Injury

With the development of economy in modern society, it is hard to avoid injuryaccidents. When it happens, it meets the requirements of injury insurance. And it isalso an important component of infringement indemnity. So it is critical to balancebetween them in order to better solve the injury accident compensation problems.This article starts with the relationship between the infringement indemnity andcompensation of industrial injury insurance. Considering the specific laws andregulations in our country and the legislation and judicial practice all over the world,this paper puts forward suggestions to improve our country’s law. It is mainly dividedinto the following four parts:Part one discusses the relationship between infringement indemnity andcompensation of industrial injury insurance. Starting with the development of injuryaccident relief, it talks about the changes from infringement indemnity to insuranceindemnity of industrial injury. Tracing back to their historical origins, the connectionis summarized as that the industrial injury compensation is separated frominfringement indemnity and it was ranked equal with infringement indemnity.Through the comparison and analysis, the paper tries to find out their differences.Based on that, the article analyzes the advantage and disadvantage of bothinfringement indemnity and industrial injury insurance in solving problems of workaccidents. In this way, their functions can be better understood. At last, according torelated theories of concurrence; the discussion of infringement indemnity andindustrial injury insurance are demonstrated as the two law field ’s concurrence.Part two is about the current legislative and judicial situation of infringementindemnity and insurance indemnity of industrial injury in our country. There are hugedifferences between the infringement indemnity and insurance indemnity of industrialinjury in regulations and laws. Because of it, the local rules and regulations are quitedifferent, too. There are no regulated laws and regulations, which inevitably leads tothe difficulty of the law application. Based on legislative and judicial perspective, the paper analyzes the two problems lies in infringement indemnity and insuranceindemnity of industrial injury. One is that the legislation is not concrete and uniform;second, the law application is in disorder.Part three discusses the modes in dealing with infringement indemnity andinsurance indemnity of industrial injury through comparison study of injury reliefsystem both abroad and other regions in China. There are four kinds of legislativemodes, including select mode, supplementary mode and so on. There are detaileddiscussion about the mentioned four modes about their advantages and disadvantages.In this way, it can provide some experience and references for our country.Part four tries to explore how to deal with infringement indemnity and insuranceindemnity of industrial injury in our country based on varies theories. There aredifferent opinions as to which mode shall our country adopt for different scholars. Theconcrete design for concurrence of infringement indemnity and insurance indemnityof industrial injury system need to fully represent the value of legal fairness,effectiveness. It also needs to distinguish different offenders subjective. Besides,considering objective factors and the value to protect the weak, the article talks aboutthe specific applications for both infringement indemnity and insurance indemnity ofindustrial injury.