On The Path Selection Of China's Industrial Injury Insurance Compensation

Industrial injury insurance compensation is based on the basic rights of civil society though.In general, after the worker suffers injury, there are two relief way: first, put forward the civil tort compensation; Second, the application of industrial injury insurance compensation.But the problem is, after get paying compensation, if the worker can obtain civil tort compensation, which apply to the relation between the problem.Worldwide, there are four kinds of modes: replace mode,selection mode, both models, supplementary model.In China, on the issue of applicable relationship between have a lot of controversy,only if there are inconsistent in the legislation, but also exist in the phenomenon of "different connection with the sentence" in the judicial.In fact, industrial injury insurance compensation comes from the social basic rights theory of duty under administrative law that civil society basic rights and freedom are the survival and development of civil rights,both can't be deprived.So, industrial injury insurance compensation with the civil tort compensation should be carried out in accordance with the social basic rights and liberties.Industrial injury insurance compensation and tort compensation, in other words,is the social basic rights and liberties in the concrete embodiment in the field of industrial injury.Through theoretical arguments, differences in legal form, issues of comb, both model conforms to the social theory of the relationship between the basic rights and liberties, also more in line with the psychological needs of the public, can protect the benefit of industrial injury worker, more conducive to balance the interests of both sides of labour and capital, ease social contradictions, maintain social stability.