工伤保险与民事损害赔偿竞合问题之再检讨

Abstract

The relationship of Work Injury Insurance and civil damage compensation is always under heated debate. In the perspective of civil law, it mainly concerns the amount of tort compensation. While in the perspective of social law, it is an issue of how to choose the mode of work injury relief. The litigators have not given a clear answer to this issue, which leads to different standards in practice and causes contradicts in judicial practice. Substantially, to choose the mode of work injury relief is a problem of value judging. This article believes that it better conforms to the goal of work injury relief and its value to adopt Compensation Mode. To achieve the goal of work injury relief, to better realize fairness and guarantee the human rights of labors, and to fit the developing trend of other countries all over the world, we shall adopt the mode of work injury insurance as priority, civil damage compensation as supplement and the right of recovery of social insurance institutions to the injurer as another supplement. Thus, Compensation Mode shall become the direction of China’s work injury relief. Therefore, we should also review on the Double Compensation Mode adopted in judicial practice currently.