On The Legal Application Of The Concurrence Of The Compensation For The Injury Insurance And The Personal Injury Compensation

With the strengthening of personal right-protection awareness, the problem of the compensation forpersonnal injuryis often increased in the certain juridical practice. The competition and cooperation of civil compensation and industrial injury compensation is gradually become the most controversial topics. For the development of research in this field and different undersanding of item in different legal system, which lead to different judgments. Due to domestic legal system does not form authoritative cognition, after the employee gets injured, the compensation of right and industrial injuryis the focus between juridical practice and theoretical development. We can apply selection mode and cumulation model and domestic courts take different measures, so it is occures that the same case has different judgments. This paper analyses and researches the concurrence of civil compensation and industrial injury compensation, and it aims to make strategies and solve problems.The paper is divided into five parts:the first part is use the practical cases to analyze the difference of competition and cooperation and researches the relation between the tort liability and injury insurance. The second part is to analyze the relationship between industrial injury insurance and personal injury compensation and it points to influence factors are right of claim, inadequate legislation, and the cross compensation items. The third part is to explore the theoretical basis of the relationship between industrial injury insurance and personal injury compensation, which includes the concept of personal injury compensation and industrial injury insurance. In the fourth part, the comprehensive analysis of the characteristics, contents and advantages and disadvantages from the four kinds of foreign countries to deal with the competition and cooperation, and it describes different ways in our courts. In the fifth part, according to the different situations of industrial accidents, the third persons are distinguished, so that it can construct the situation of the injury and the multi-layer industrial injury compensation system. It also analyse the right of subrogation and aims to the introduction of industrial injury insurance and compensation and other issues of theoretical and practical issues of concern.