Research On The Coincidence Of Compensation Claims In Production Accidents

Our current safety situation in production is still unusually severe,relief problems for victims in the accidents can also not be ignored.According to our current legal provisions and social relief system at home,accident victims are both eligible for the claim on personal injury compensation and the claim on employment injury insurance.For this reason,many scholars believe that this is the concurrence of the right of claim,though in this paper the author does not agree with this view.In current academic circles,there are many different views in handling matters when in the concurrence of the two claims for compensation.There is not a unified answer in legislation and judicature.When Coincidence of Claims for the safety accident compensation occurs,the secondary damage to the disadvantaged victim group of accidents comes from the evasive attitude from such state power organ as top legislative and judicial organs and form rules that are ambiguous or inconsistent psychologically and economically.By firstly introducing the typical cases and the further analysis,how to deal with the concurrence of employment injury insurance and personal injury compensation have been the focus of controversy.Due to the lack of clear Legal provision,"co-different sentence" phenomenon appears in the higher court and the lower court.Secondly,make the deep analysis on the coincidence of compensation claims of the two kinds responsibility,and on this basis,makes a discriminated analysis on the value orientation and function of the two kinds of responsibilities in order to pave the way for the reasonable processing mode.Then,this paper comes to a conclusion through in-depth analysis and research on relevant present situation of China's judicial practice and though discussion in detail on how to solve the Coincidence of Claims.This paper argues that there should be no restriction on order between employment injury insurance and personal injury compensation.The basic principle of partial supplement mode and compatibility mode occurs apply to the processing model when the concurrence of the two claims for compensation.Assisted by appropriate alternative models for a few cases of no third person tort and employers no-fault.