Research On The Coexistence Of Infringement Damage Compensation And Social Insurance

In modern society, the number of personal injury incidents tends to increase year by year, especially the large number of personal injury cases caused by a third party, like traffic accidents, medical malpractice, and so on. On the other hand, with the increasingly perfect social insurance system, the scope of hospitalization insurance, employment injury insurance and other social insurance have also been widened. Therefore, in such cases the victim may have two rights at the same time for part of medical expenses, namely the claim for injury compensation to the infringer and the claim for insurance benefits to the social insurance institutions. Thus a series of problems need to be discussed profoundly, including how to avoid the victim's double benefits and the applicability of the offset the losses with the gains.The first chapter mainly discusses whether the infringement damages and the insurance benefits are applicative for the principle of the offset the losses with the gains. By introduction of two cases, the author tries to introduce the current contradictory judicial practice on this issue, which may have different conclusions in the first trial and the second trial. Starting with the concept and theoretical basis of the principle of the offset the losses with the gains, this thesis mainly discusses the three theories of gains. After that, this thesis introduces the offset the losses with the gains when there are both infringement damages and the insurance benefits, from both theoretical and practical aspects of the comparison reference in Taiwan. Finally, after the analysis of the basic principles of offset the losses with the gains and the unreal joint obligation, this thesis has the conclusion that the offset the losses with the gains is not applicable.The content of the second part of the thesis focuses on the insurance right of subrogation after the first social insurance payment. Introducing the basic concepts of insurance right of subrogation and the relationship of insurance right of subrogation and offset the losses with the gains. The differences of commercial insurance and social insurance result in the differences of insurance right of subrogation in the commercial insurance and social insurance. At last, this thesis construes the problem from the jurisprudence Basis and the right nature.The last part tries to design a system to solve the problem from both hospitalization insurance and employment injury insurance. In employment injury, combined with four models and legislative practice in China, it is more appropriate to choose the supplementary model. Then, it analyzes the reasons of the neglect in hospitalization insurance.Finally, it talks about the regulations in the Social Inserance Act, and comes to the conclusion of three characteristics.