Research On The Concurrence Between The Industrial Injury Insurance And Tort Compensation In China

In the eighteenth century, capitalist society gradually went into the era of industrialization; the industrial injury accident is the primary social problem. With the speeding up of the industrial revolution, industrial injury accident is more frequent. The way to help the laborers who suffered industrial injury has changed from the traditional tort liability to tort liability, industrial injury insurance compensation and commercial insurance and other ways. Industrial injury compensation mechanism changed from by a single compensation mechanism to diversified relief mechanisms together, it involves the field of law is more and more widely, such as social insurance law, labor law, tort law and commercial insurance law, etc. Today, it forms a variety of system’s combination. At present, almost every country in the world chooses industrial injury insurance as the main way to solve this problem. However, industrial injury accident not only has the nature of tort liability, but also has the nature of industrial injury insurance compensation, the conflict and concurrence between industrial injury compensation and tort compensation is highlighted. There are four patterns which foreign countries deal with the concurrence between industrial injury compensation and tort compensation. Chinese current legislation on how to deal with this problem is not clear, different courts around the applicable law is not uniform, so it leads to local court trial results are also different. This phenomenon seriously affects the authority of the law. Therefore, how to coordinate the relationship between industrial injury insurance compensation system and civil tort compensation system and how to prevent and reduce the industrial injury accident is of great significance to improve labor relations and maintain social stability. This article attempts to research the basic theory of industrial injury insurance and civil compensation, find out their respective advantages and disadvantages, draw lessons from foreign processing mechanism and combined with the reality of our country national condition, put forward some suggestions to solve the problem.The first part of this paper begins from the basic theory of industrial injury compensation, the author expounds the meaning of industrial injury insurance and tort compensation, makes a comparative analysis on the advantages and disadvantages of industrial injury insurance and tort compensation; Then this part introduces some relevant theories about the concurrence between industrial injury compensation and tort compensation, respectively expounds the concept of concurrence, the nature of the concurrence and forms;In the second part of this paper, the author analyzes the causes which lead to the concurrence of industrial injury compensation and tort compensation.The third part introduces different processing mode of concurrence of the industrial injury insurance and tort liability. At first, the author analyzes four processing modes of foreign countries. Then the author introduces some patterns which exits in judicial practice and theoretical point of views in China.The last part of this paper, the author put forward some suggestions respectively from legal laws and regulations, employers and the third person these three parts about how to perfectly deal with concurrence between industrial injury compensation and tort compensation in our country.