Research Concurence Injury Liabity Insurance Compensation And Personal Injury

Compensation of industrial injury insurance and personal injury compensation liability concurrence problems that had plagued the judicial field in theory and in practice, although the Supreme Court this was in 2003 issued a judicial interpretation, because the interpretation on the issue of treatment of the lack of specific, clearly defined, and therefore did not quell controversy, nor to change the practice co different sentence the embarrassing situation, is not conducive to the maintenance of the unity of inductrial injury worker’s legitimate rights and interests and the judicial system. This paper is to promote the development of the relevant laws, to improve the interests of the parties. This paper is divided into five chapters: the first chapter is about the dispute focus, that is, people’s personal injury compensation and industrial injury insurance compensation liability concurrence, due to lack of specific, clear legal provisions, the upper and lower two court in dealing with the concurrence of different views. The second chapter analyzes the reasons of the two kinds of liability, and analyzes the value orientation and function of the two kinds of liability, the main body of responsibility, the principle of liability, the scope and the standard of compensation, the relief procedure and so on. The third chapter analyzes the relevant provisions of the current law and local legal documents and the current situation of judicial practice. It is necessary to introduce the national unified legislation as soon as possible, and make specific provisions for the maintenance of the legal system and the judicial justice. In the fourth chapter, we analyze the advantages and disadvantages of various models from the four kinds of coordination modes in various countries, so as to find useful elements for the conflict coordination. In the fifth chapter, we put forward our own solution to construct the model of the application of the compensation of industrial injury insurance and the personal injury compensation system in our country to construct the model of the employer’s non fault or general fault, and use the supplementary mode of the "first" and "people", and put forward their own ideas about the specific operation and program operation.