Legal Research About The Concurrence Between Industrial Injury Insurance And Civil Tort Injury Compensation

Since the industrial revolution, work-related accidents and relevant liabilities for injury have aroused people's attention as a major social issue. The establishment of the work-related injury insurance system has led to conflicts and concurrence between work-related injury compensation and civil damages. This involves the interests of many parts including the employee, the employer, other infringers and relevant insurance agencies. This thesis will focus on concurrence between frequent injury compensation and civil damages in judicial practices and illustrate relevant research done on it.The thesis consists of four parts. The first part is devoted to analyzing the reason of concurrence between injury compensation and civil damages based on sorting out their relations. For their respective comparative advantages and differences in terms of legal relations, system value and liability principles, accident victims are put in dilemma in choosing from the two. The first part is of significance for laying the foundation for finding solutions and giving recommendations on pros and cons of injury compensation and civil damages respectively. The second part will present four solutions in judicial process, including replacement, selection, concurrence and supplement and focus on analyzing the pros and cons of them, further clarifying difficulties and priorities in resolving the concurrence issue. The complex liabilities of different infringers regarding work-related injury lead to diverse nature of concurrence. It is worth further study in choosing solutions based on a unified solution model of the four or on standard classification of the accidents. The third part mainly analyzes the status quo and drawbacks of legislation in work-related accidents and offers insights to judicial practices by case comparison. In China, concurrence between injury compensation and civil damages is not specifically stipulated in our legislation and can be only found in regulations and judicial interpretations. Despite their guidance, these indiscriminating regulations and judicial interpretations add to obstacles to theoretical study for lacking uniformity. In specific judicial practices, some similar cases were settled in different ways based on different regulations set by the local authorities. How the cases are settled have a bearing on interests of victims and their families as well as values of social justice. Thus this kind of arbitrary settlement may undermine the force of laws and public credibility of enforcement and judicial departments. It is worth reflecting on current judicial practices and removing obstacles in the way. So it is of theoretical and realistic significance to study the concurrence issue between injury compensation and civil damages and give constructive suggestions. Therefore, the final part centers on classification and analysis of solutions for concurrence between injury compensation and civil damages. Analysis of solutions is put in three contexts in terms of the injury's cause. The first type of solution is modified replacement method when the accident is caused by infringements of the employer. If the accident is non-causative, the traditional replacement will be adopted. If the accident is causative, what we call "modified replacement" will be adopted to prevent the employer from escaping their civil liabilities. The second type is the supplement method when both the employer and a third party are liable for the accident. Without setting the compensation order, the subrogation mechanism is added to the supplement method to form modified supplement method. The third type refers to introducing supplementary regulations into Article 62 of Work-related Injury Regulations for employees who should be covered by work-related injury insurance but are not yet. These uninsured victims should get part of the compensation from their employers according to insurance standards. This compensation just follows the insurance system in terms of the procedure and the amount, but in fact equals to civil damages paid by the employers to the victim. If proving the employer faulty, the victim can also get damages. So in this way, victims of work-related accidents can get full compensation in an efficient and timely way and the employer can be mobilized to better legislation in this respect. This paper will put forward some suggestions in two aspects to concurrence between worker-related injury compensation and civil damages in our country. In terms of legislation, current relevant legal provisions should be revised to ensure their consistency, strengthen relevant legislation and improve the legislative level to make legislation more systematic, coherent and standard. Efforts should also be made to increase work-related injury insurance benefits and optimize its insurance system. In terms of judicial procedures, the prevention mechanism against work-related accidents should be established to take the initiative. These accidents can be effectively reduced via preventive measures, which can fundamentally solve the concurrence issue. Meanwhile, stress should be put on consistency of the procedures to avoid waste of litigation expense; efforts should be made to streamline procedures and improve the efficiency. Finally, criminal liability should be brought to work-related accident liability system to combine prevention and punishment.Based on the concurrence between work-related injury compensation and civil damages, this paper studied how to solve the concurrence issue using comparative analysis, social empirical analysis, and inductive analysis and so on. Suggestions are proposed in terms of legislation and judicial procedures. The views and ideas in this paper are not yet mature and should be further discussed and improved.