The Research Of The Concurrence For Compensation Of Body Injured And The Insurance Of Employment Injury

In the fast development of social economy,the number of industrial injury cases are increasing and the type also changing a lot.How to deal the personal injured compensation and industrial injured insurance compensation is a special issue.Because of the lack of legislation,the ambigous explaining of the justice leading many disputes,it also bring problems for judicial practicing.this article attempts to safeguard the rights of the workers,to use the social public resources rationally and the bearing capacity of the company.Designing a type of”based on free choice,to complement each other as protecting, to extend the subrogation”,that is selection and complemention form,to ensure that the injured worker get the compensation adequate and timely, it also gets less pressure of the company,to express the idea of fair and justice of harmonious society.In order to explore the solution of the compensation of body injured and the insurance of employment injury,this article will explore the issue from this 6 parts:First, through two real case of third party leading industrial injured accident, leading to the isue.“what’s the relationship between body injured employment and the insurance of employment injury”. In practicing,after the concurrence of body injured employment and the insurance of employment injury,the party can get two compensation or one? Or there will be other rational solution?Second, from the concept of body injured employment and the insurance of employment injury to ensure the relationship between this two employment,to explore the inner link and different between the two employments,it provides the theoretical principle of the concurrence.Third,from the stage of two kinds of liability of legislation fuzzy,the dispute of theoretical and the puzzling of judicial practice.Analysis the shortcomings of legislation,taking the example of theoretical’s opinions and judicial practice’s lacking.Fourth,for the problem to solve the relationship between body injured employment and the insurance of employment injury,we can choose four types:preference pattern,supplementary pattern,replace pattern,through the comprehensive analysis to summarize the pros and cons to foundation china’s current stage of the relevant system to provide a reference.Fifth,through the analysis before,put forward the optimal model that”the premise is ‘choose’,the basic is to supply each other,the extension is claim for compensation by others”.first,to put forward the principle to solve the concurrence problem;secondly,from the opinion of value,balance,function to put forward the aim of relief,providing a theoretical foundation for the design of the system.At last, from the program to expound how to realize the order of claim rights, status in litigation,legal fare and so on.Sixth,when the social security system perfection,we should put forward a new compose for solve this kind of issue,the target is only suit for compensation for industrial injury insurance.