Research Of The Issues About The Concurrence Between The Employment Injury Insurance And The Civil Compensation Of The Assigned Crew

With the rapid development of China's maritime economy,the demand for assigned crew in China is increasingly expanding.As the maritime transport industry is more complicated than before,the professional management requirement is more valued.At present,the assigned crew has become an important pillar of labor export,and playing an important role in promoting foreign trade development.However,the high risk and hardship of the maritime is recognized by the world,the crew in the ship usually suffered the casualty.In the event of casualties,the crew may require the expatriate agency as the employer to bear the related work injury insurance liability,because the accident can be considered as a work accident due to the particularity of the maritime operation.Occurrence is usually accompanied by the employer or the third person's civil liability,such as the employer's liability for breach of contract and the third party's tort liability,many expatriates in order to protect their rights,will choose to ask the employer or the third person to bear civil liability.The crew in the ship had a casualty,but at the same time enjoy a number of claims,which is this arctic assigned crew injury insurance and civil compensation concurrent" basic connotation.On the issue of concurrent issues,theorists and practitioners speak different,which led to the occurrence of many controversial cases.As an important role in international trade,the protection of legal rights and interests is a very important issue and a pretty urgent problem.This is also the reason why the author decides to study this issues.This article imply the "based on the domestic situation,learn from abroad cases" to study the assigned of ship injury insurance and civil compensation and cooperation issues.First of all,the article introduces the basic connotation and type of the ex-combatant's work injury insurance and civil compensation,and the originality of the casualty insurance and civil compensation is unique.On the one hand,the main body of the casualty liability is more complicated.On the one hand is caused by different subjects of the type of competition is also complex,only to clarify the relationship between the main body of responsibility and the characteristics of different competing situations,in order to do more in-depth study;Secondly,because of our country in the outbound ship injury insurance and civil compensation The author has introduced several models of international practice and combed our country's judicial practice experience.Finally,the author puts forward different competing models for different types of competition and competition.There are many laws and regulations in China for the cooperation between the liability of the employer and the liability of the third party.But the provisions of the more vague.And for the employer compensation for industrial injury insurance and liability of overseas employers competing issues,domestic law is almost no involved.Based on the study of predecessors' theory and the legislation trend of the overseas crew,the author puts forward the mixed mode of handling the competing problems and expounds the value of the model.The protection of vulnerable groups is the trend of current international legislation,as a special group of workers outgoing crew need more warm "care".In the case of low level of industrial injury insurance in China,how to maximize the protection of the legitimate rights and interests of expatriates is placed in front of legislators and judicial workers a difficult problem.