Concurrence Of China’s Industrial Injury Insurance Compensation And Civil Tort Compensation

How to deal with the coincidence of employment injury insurance imbursementand civil tort imbursement？It is an important yet controversial issue in the labor andsocial security acts. Social insurance act has related to it but in a vague way. Untilnow, it remains a debate among theory and practice fields.While judicial desicionvaries a lot. Therefore it is helpful to do a systematic research on their relations.The main text is devided to three parts. Based on several cases, the text raises thedisagreements on coping with employment injury insurance imbursement and civiltort imbursement. Through study on the history of employment injury system, foreignlegislation models, related views of Chinese scholars and legislation development, theconclusion is reached that replacement model is the ideal way of fixing thecoincidence. The treatment level of employment injury in China is pretty low, so it isreasonable to implement the periodical supplementary model.Part1: Based on the analysis of the history of employment injury insurancesystem, we know that it appeared to make up for the limitations of civil tortimbursement. Nowadays, a majority of countries have set up industrial injuryinsurance system. The remedy evolved from singular civil tort imbursement to thecombination of civil and industrial models. Therefore, the injured workers are giventwo rights to compensation. That is how the coincidence arises. As for the specificcases, it is hard for the theorists and practitioners to agree with each other.Part2: Let’s review the domestic and foreign models of coping with theircoincidence. It is related to several factors, varied from economic development,payment level of employment injury insurance to labor protection standard. After thesuccessive four legislation models, most countries resort to replacement andsupplement models. Due to the vague on our legislation, Chinese scholars hold hugedisagreements on whether to stick to double-compensation, replacement andsupplement. Different acts, such as‘proposed method of enterprise staff employmentinjury insurance’，‘occupation disease control’,‘production safety law’,‘TheSupreme people’ court’ Several Thoughts on the Legal System for Joint DangerousBehavior’ hold different rules concerning this issue. The long expected ‘socialinsurance law’ and ‘employment injury act’ didn’t make a reference to the problem.‘employment injury insurance implementing method’ around China differs for local conditions.Part3: The main point is concluded that replacement model is the ideal method,combining with the periodical supplement model. Separated from the civil act,employment injury insurance system is a compulsory legal system of social insuranceto protect the rights of employees. So after the industrial accidents, relief work for theinjured workers should first resort to legal system of industrial injury insurance.Under the replacement model, the victims are privileged of claiming remedy, ifrelevant fee was paid by industrial injury insurance fund or their employers. Today,injured workers enjoy low level of insurance payment. So in order to better protecttheir legal rights and fight for more benefits, the supplement model is no doubt a goodchoice. Considering no profit gaining from disasters, it is necessary to display specificterms which injured workers can enjoy within supplement model.