The Right Patten Of Concurrence Between Employment Injury Nsurance Compensationg And Personal Injury Compensation

With the concept of the risk society and the welfare country rise up, the world establish the social security system gradually.Social security act, labor law, insurance law and the law of tort constitutes the various relief means to coexist with inductrial injury relief system. Concurrence of inductrial injury insurance and personal injury compensation processing is the core of inductrial injury relief project. Foreign legal science have launched extensive research on that, but rarely involved in legislation in our country, from the legal Angle of view to look at more necessary. In this paper, through the observation of both similarities and differences, draw lessons from a usual theory achievement, for extracting the enlightenment position and clear competition route choice to follow the principle. According to the difference of what is happening inductrial injury, to build a multi-level comprehensive competition path framework, puts forward the unification of the realization of inductrial injury relief mode and related legal systematic countermeasures and Suggestions. Full text is divided into five parts.The first part in a typical case as the breakthrough point, from the competition around the court to deal with differences lead to disputes in this paper.From the relationship of inductrial injury insurance liability and tort liability for competition causes differences and to suffer worker protection.The second part introduces and analyzes a usual mainstream theory, draw areas because finished the social insurance law priority, tort law supplement.Same legal facts, to prevent repeated evaluation of inductrial injury insurance and personal injury compensation claim for compensation for exercise set boundaries.The third part from the perspective of legislative intent to explore the feature comparison of inductrial injury insurance law and the law of tort, found that although the two function orientation is different, but the core functions are relief, any legal system design should be inclined to the protection of the weak. Only in solving the victim compensation in urgent need of the premise, only thinking of tort law should play the role of punishment and containment.The fourth part is to solve the concurrence of four kinds of processing mode abroad contents, characteristics and advantages and disadvantages analysis, and according to the different legislations to give evaluation to the domestic legislation present situation.The fifth part, according to inductrial injury accident situation is different, build accords with the situation of our country in the multi-level concurrence of inductrial injury insurance and personal injury compensation system. Discusses the mental damage compensation applicable in the field of inductrial injury insurance, treatment of inductrial injury insurance and personal injury compensation disputes dispute proceedings cohesion, subrogation Settings such as hot topic of theory and practice.