Legal Research About The Relationship Between Industrial Insurance And Tort Compensation

There are large quantities of accidents happened at work accompanying with the development of social economy since Industrial Revolution, which have been unavoidable and common social problems in modern society. Industrial injury does not only impact the individuals'living rights, but also impact the safety of the society and the development of national economy indirectly. It has always been an important issue both for the theory studying and the practice about how to relieve the casualties and defend working accidents in advance. Civil compensation and the industrial insurance have been the two major systems to give relief to the industrial injuries during the development of the relief systems. Industrial insurance that came from the legislations about tort has become the main point of modern society's insurance system. The strict liability principle that pursued by the industrial insurance has great difference to the imputation principle and the principle of full compensation, which obeyed by the traditional tort liability. This essay introduced and analyzed different mode of legislation of various countries through the comparison, analyzed the relations between the industrial insurance and civil compensation, and gave opinion on the application of law about industrial injury.Chapter one analyzed the academic cause of formation about strict liability and gave a brief introduce to the basic principles of industrial insurance system through the expatiation upon the history of the industrial insurance system. The industrial insurance has been the major approach to relieve the industrial injury because of its dependability and convenience, and has replaced the tort liability gradually. It shall be engendered to various compensation systems for the relief of the industrial injury in order to achieve the goal of defending the industrial injury in advance.Chapter two defined that the nature of industrial injury are both industrial insurance and special tort. Chapter two also made comparison on the legal value, imputation principle, basic function, standard and scope of compensation between industrial insurance and civil compensation, which belong to different legal domain. Different relief systems shall be corresponded and cooperated in order to give more equitable guarantee to the victim of industrial injury.Chapter three discussed the application of legislations about industrial insurance and tort compensation. Industrial insurance is based on the tort and the victim has the right to claim for tort compensation according to private law and industrial injury compensation according to public law. It is related to the ultimate interest of victim on the application of law. Also chapter three analyzed the merits and demerits of four models that deal with the accidents happened at work in detail through the observation of different modes taken by different countries.Chapter four analyzed the status of legislation of Chinese. The related regulation has defined the relationship of law application between the industrial insurance and tort compensation. There are different subject of liability in the industrial injury caused by the tort of the third person and the compensation about this situation is complex. Chapter four studied the law application about the industrial injury caused by the tort of the third person and took the view of implementing the supplementary mode.