How To Deal The Liability Competition Using Legal Means Between Personal Injury Compensation And Industrial Injury Insurance Compensation Caused By Traffic Accident

Personal injury compensation refers a kind of legal relief system that the victim or his near relatives shall have the right to request the property compensation for the damage, when the natural person’s right to life, to health and to body right is unlawful attacked, causing disability,death and suffering the mental pain. Inductrial injury insurance compensation also refers a kind of legal relief system that inductrial injury insurance agency orgnaization or unit of choose and employ persons should be paid in full in accordance with the law because of the existence of inductrial injury accident, this relief system need not to consider whether there is a fault for the victim.In foreign countries, handling of the liability competition of both there are four main modes: selection mode, both mode, alternative mode,supply mode. In the absence of the law, the handling of the competitionin the judicial practice of our country is based primarily on judicial explanation of supreme people’s court or judicial explanatory file of the provincial higher people’s court. In our country academic circles, there are mainly three kinds of handling of the competition:supplement relief pattern, “in principle to adopt alternative model, supplemented by improved selection model”, both model. Through the analysis of domestic and foreign judicial practice and academic circles, each mode have advantages and disadvantages.It should be said that “beneficial to the victim” complement mode is given priority to, both mode is complementary is feasible and better.Thereare three principles of dealing with the liability competition using legal means between personal injury compensation and industrial injury insurance compensation caused by traffic accident: the fair principle, the efficiency principle, the principle of limited sanctions. Based on this, to establish compensation methods of all kinds of compensation projects,unity and improve relevant laws and regulations and judicial interpretations; to improve the detailed rules for the implementation of“advance payment” and “pursuing of recovery”.