Research On Concurrence Of Work-related Injury Insurance And Accident Injury Insurance

In the modern risk society,it has become an inevitable trend to develop the ways of industrial injury relief.With the continuous improvement of insurance mechanism,the conflict between industrial injury insurance and accidental injury insurance on compensation liability is increasingly obvious,then the concurrence of the two comes into being.In terms of solving problems related to competition,due to the different legal categories of social law and commercial law,it's difficult to give consideration to both at the legislative level,relevant provisions and norms are still to be filled.In addition,domestic academic circles pay little attention to the issue of parallel payment between social insurance and commercial insurance,and there are also big dififerences in judicial practice.The first part of this article is about the current status of work-related Injury insurance and accident injury insurance——the lack of legislation and theory,the disputes of practical aspects and the chaos in judicial practices.The second part sorts out the legislative status of the concurrence of work-related injury insurance and accidental injury insurance.Firstly,it ana lyzes and demonstrates the avoidance of relevant issues by laws and regulations from the perspective of central legislation.Secondly,it reviews the exploration progress of local laws and regulations on the solution mode,and draws a relatively chaotic conclusion.At last,it summarizes the problems of legislation.The third part of this paper,based on the current situation of judicial practice,starts with the bulletin case of "ANMINCHONG",analyzes and discusses the reference effect and the remaining problems are.Then,the typical cases in China are classified into three categories and appropriately analyzed:double compensation,total offset and compensation according to payment category.The fourth part of this paper starts with the legal analysis of the concurrence of these two insurances,and demonstrates the similarities and differences between the main body and scope of liability,the purpose and function of legislation.Then extends the coordination and balance between the rule of autonomy of the will and the requirement of social substantive fairness.Finally,it focuses on the application of principle of indemnity to the industrial injury insurance and accidental injury insurance.In the first half of the fifth part,it is obvious that the adjudication mode of"ANMINCHONG" case can not cover the situation of solving this competition problem.The latter part gives the author's personal suggestions on the path of judicial practice of the problem,puts forward from the category of payment methods of accidental injury insurance,to distinguish between fixed-sum insurance and unfixed-sum insurance,respectively applicables to both mode and compensation mode by project difference.The sixth part is the conclusion,which summarized all the arguments in this paper.