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Compensation for work-related injury insurance claims and personal infringing the right to claim damages Concurrence

Author: TangLiYi
Tutor: DuanHouSheng
School: Fudan University
Course: Legal
Keywords: the Theory of Concurrence of Rights of Claim the Right of Claim of Social Insurance Compensation the Right of Personal Injury Tort Damages Compensation the Recovery Right
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 112
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Abstract


With advancement of the legal systems of all nations in modern society, the compensation for industrial injuries has been governed under several institutions. As a result, the social insurance compensation and personal injury tort damages compensation may coexist for the same work injury case. There exist four modes dealing with the concurrence of the right of claim of social insurance compensation and the right of claim of personal injury tort damages compensation--choosing mode, substituting mode, coexisting mode and supplementing mode. In China, the present related laws have not provided clear and detailed provisions to deal with the concurrence of these two rights of claim, while the local legislation administrative legislation of all levels provide different ways. The authority and unity of rule of law has been challenged. As a result, the unity of treatment for the concurrence of right of claim of social insurance compensation and the right of claim of personal injury tort damages compensation right is not only crucial to the protection of interests of workers and establishment and improvement of harmonious labor relationship, but also important for the process of rule of law. As the theory of concurrence of rights of claim in the civil law area studies the treatment for that the same event appraised by several laws and regulations, it provides valuable clues to deal the concurrence of the right of claim of social insurance compensation and the right of claim of personal injury tort damages compensation.This master thesis is divided into four chapters. The first chapter is about the theory of concurrence of rights of claim. It includes the introduction to the different theories of concurrence of rights of claim and revelation for the concurrence of the right of claim of social insurance compensation and the right of claim of personal injury tort damages compensation.The second chapter is about concurrence of the right of claim of social insurance compensation and the right of claim of personal injury tort damages compensation. This part includes the differences the right of claim of social insurance compensation and the right of claim of personal injury tort damages compensation, both from the development of work injury relief institutions and other aspects.The third chapter is about the treatment for concurrence of the right of claim of social insurance compensation and the right of claim of personal injury tort damages compensation. It includes the introduction to four different models around the globe and the legislation in China in specific. It also introduces Chinese scholars’views on this issueThe fourth chapter is about the proposals for establishment of unified institution. It includes the proposals of the establishment of principles of "equity, efficiency, adequate compensation and industrial injury insurance claims priority" and the detailed relief institutions for work injury.

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CLC: > Political, legal > Legal > Chinese law > Labor Law
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