Industrial Injury Compensation Against A Background Of Industrial Injury Insurance

The industrial injury compensation is one of the products of modern industrial society, and also an unavoidable social problem that happens frequently in modern society. It directly influences the laborer's right to live and indirectly influences the development of social security and the country's economy. Therefore, whether developed countries or developing countries have carried out the industrial injury damage system in different degree, no matter how different their politics, economy and social background are. In our country, it's urgent that laws and regulations related to industrial injury compensation need to perfect. In view of the fact, this text take industrial injury compensation against a background of industrial injury insurance as a topic, and scratch systematically some related questions so that related law systems in our country could be perfect.This text employs many kinds of methods, such as the historical analysis, the comparative analysis, and the case analysis and so on. The text performs a systematic analysis and research of industrial injury compensation against a background of industrial injury insurance. The full text is divided into four parts.The first part mainly elaborated on industrial injury insurance and its system localization in the system of industrial injury compensation. First, the text expounded historical evolution of industrial injury compensation system. The text indicated that its development went through three stages, namely laborer took upon oneself, civil tort compensation and industrial injury insurance. Secondly, the text studied liability for tort system and insurance system localization in theory and practice. Finally, the text showed that industrial injury liability for tort system occupied a basic position in the system of industrial injury compensation. It showed that industrial injury insurance that is built on the liability for industrial injury tort is a typical form to realize the liability for industrial injury compensation.Part II discussed the legislation pattern of industrial injury compensation against a background of industrial injury social insurance. The part first made a general investigation of this legislation pattern. On this ground, the text summed up that national legislation pattern might be divided into two kinds in the main. One is industrial injury compensation system, which takes the industrial injury social insurance as a main part; the other is industrial injury compensation system, which takes the liability for industrial injury tort system as a main part. After an assay of these two legislation patterns, a trend pointed out by the text. Secondly, the part made an investigation of the history and present situation of industrial injury compensation system in our country, and then showed that our country should boost positively the legislation pattern, which takes the industrial injury social insurance as a main part and takes the liability for tort system as a supplement.Part III discussed the industrial injury compensation in industrial injury insurance areas. First, part III investigated the possibility of obtaining civil tort compensation after receiving industrial injury insurance, namely the possibility of obtaining double compensation. This section lay out the view that the possibility of obtaining double compensation should differentiate company tort and third party acting tort. Secondly, this part explored the question of the possibility of obtaining balance compensation if the industrial injury insurance compensation is not enough. By analyzing different views, the text put forward a sum compensation principle based on civil tort compensation. According to this principle, the laborers could receive balance compensation.Part IV is about the industrial injury compensation outside the range of industrial injury insurance. First, this part discussed the possibility of concluding the industrial injury as well as legal ground on industrial injury compensation if employers fail to insure against industrial injury for their employees. This part secondly discussed the question of the industrial injury compensation outside the range of legislation. The text performed an analysis of this question in such aspects as the nature of employers'liability for damage, extent of personal injury compensation and so on.