Research On The Legal Application Of Work-related Injury Insurance And Personal Injury Compensation

With China's comprehensive national strength and constantly improve the system of our country,with the progress of the times have gradually improved,the industrial injury relief system through continuous development and improvement,as the main mode of rehabilitation and compensation system of has formed a industrial injury insurance compensation,compensation for personal injury and occupational injury insurance in three ways.In the industrial injury relief system,industrial injury insurance compensation and personal injury compensation two remedies dominant,is an important part of the relief system for the relationship between the two and directly determines the value orientation and function selection,industrial injury relief system.Therefore,how to construct the application of relations between the two is of concern.Research on the current situation of our country,the legal basis in China can be less for construction work injury insurance compensation and personal injury compensation on,and different theoretical viewpoints of the scholars in our country,there is no relationship between the view definition is unified two kinds of remedies.Industrial injury insurance refers to the social security system that the state and society provide a series of material assistance to the injured workers and their families when they are injured in production and work.The industrial injury insurance is an important component of the industrial injury insurance,is established by the national fund of inductrial injury insurance,economic compensation of workers in work-related injury suffered,with basic life to protect the rights and interests of workers.The industrial injury insurance has three stages: employer negligence liability,employer liability without negligence,social insurance,industrial injury relief system in the development process of improvement,industrial injury insurance compensation has gradually become the main way of compensation for industrial injury relief system,occupies an important position in the industrial injury relief system.In the legal relationship,industrial injury with injury insurance legal relationship and civil tort legal relationship two,therefore,after the accident,the damage of workers there are two kinds of damage compensation request,a request for work-related injury insurance compensation,compensation subject for work-related injury insurance agencies or the employer,belongs to the social law,regulation by inductrial injury insurance law;two is the request for compensation for personal injury compensation is the main employer or cause the accident tort of third people,belonging to private law,civil regulation by law.Although the two kinds of compensation claim occurred in different domains of compensation for injury insurance compensation and damage compensation in the main duty of life,diversity,distribution and bear responsibility also has many differences,but the essence of the two claims of the same,so in the actual operation,there are work-related injury insurance compensation and personal injury compensation law in general competing phenomena.In addition,due to the differences in the two legal relations,system value,function,principle of liability,scope and standards and other aspects,so for the relationship between the two constructs,not in one way of compensation as the main body,and should combine two ways of relief compensation and personal injury insurance damages,full consideration of its advantages and disadvantages,so that both mutual coordination and mutual cooperation,to build a perfect relief system for industrial purpose.China's existing laws,"labor safety law","on the trial of personal injury compensation case applicable legal interpretation" and the law of industrial injury insurance compensation and personal injury compensation for the relationship between the instructions,and the provisions of the treatment of work-related accidents,but not the exact relationship between the two provisions between them,leading to the existence of local differences in the actual case,the same or similar accidents appear in a different verdict,suspected the unity and authority of the judicial system in china.In order to further clarify the relationship between the application of industrial injury insurance compensation and personal injury compensation of the two,improve the industrial injury relief system,our country should base four processing modes applicable to the existing relationship between the two,to the interests of workers as a starting point,combined with the actual situation of a single person,is established the relationship between scientific and reasonable,and ensure the rights and interests of workers.In this study,this article from the basic theory and concept of work-related injury insurance as the starting point,to discuss the construction of applicable relationship between work injury insurance compensation and personal injury compensation as the center,to compare the four models apply at present,and the analysis of China's current legislation and problems in judicature exists aiming at the existing problems,puts forward how to construct the two suitable relationship advice,hope is of positive significance to improve China's industrial injury relief system.