Research On The Compensation Of Work Injury Insurance Compensation And Civil Tort Damage Compensation

Traditionally, the injury to laborers caused by industrial accidents and occupational hazards are collectively called work-related injury. Since the industrial revolution, the rapid social development has been accompanied by the occurrence of lots of work-related accidents,resulting in the endless work-related accidents. Its serious consequences make the relief of work-related accidents become the issue receiving global attentions. There is common occurrence of a work-related accident, which is not only subject to the average compensation of infringed rights, but also in accordance with the requirement of compensation insurance for the work-related injury. Therefore, the research on the concurrence relationship between these two and the corresponding measures have been an important topic among the field of legal theory and practice. For a long time, opinions about application of law on the terms of concurrence relationship between these two differ among the field of legal theory and practice;meanwhile, relevant regulations are ambiguous which leads to the inconsistency of the standard and evidence of judicial adjudication, not only impairing the justice and authority of judiciary, but also making it hard to balance between the interest of related person and that of social public, which, consequently makes the chaos and unfairness in the judicial practice.Based on the China's conditions, this paper makes efforts to analyze the relationship of these two. When the functions of work-related injury insurance system and legal system of civil infringement are brought into full play, it proposes that the double patterns should be used to deal with the relationship of these two, so that the interest of laborer and that of employer can be balanced to the largest extent.This paper consists of five sections:The first section is the introduction which directly through the brief analysis of the cases,three-dimension ally demonstrates the problems in the concurrence between the work-related insurance compensation and the compensation for the civil physical infringement. It also points out the focus of entanglement.The second section is the analysis of the concurrence between work-related insurance compensation and the compensation for civil physical infringement.This section firstly compares the relationship of work-related insurance compensation and compensation for the civil physical infringement with their difference; secondly itanalyses the cause of these two's concurrence relationship from different perspectives to demonstrate what's better and worse.The third section is about the range among which the concurrence between work-related insurance compensation and compensation for civil physic infringement make conflicts of norm and the consequent conflict in judicial adjudication. Firstly, it vertically reviews the current situation of legislation on the terms of the relationship of work-related insurance compensation and the compensation for civil physic infringement in China, revealing the presentation of conflicts of legal norms at different levels. Secondly, combined with relevant trial cases, it analyses the two main patterns where in the judicial practice, in the case of concurrence relationship between work-related insurance compensation and compensation for civil physical infringement, the judgments are different, whose influences upon the legal consistency is also analyzed.The fourth section is the comparison between four patterns of the system of concurrence between foreign work-related insurance compensation and the compensation for civil infringement, on the purpose that it shall provide references for our country dealing with the relationship of these two.The fifth section is to discuss choices concerning the patterns of legal system on the terms of concurrence of China work-related injury compensation responsibility. It definitely proposes that the double-interest pattern can better live up to the realistic requirements of China's social environment. It also puts forward author's specific advices on to how adapt to this pattern.