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The Relation Between the Right to Claim for Compensation from Work-Related Injury Insurance and the Right to Claim Compensation for Personal Injury

  • Xinbao Zhang
Chapter

Abstract

Industrial accident is an inevitable problem in modern society. In general, the personal injury which workers suffered from industrial accidents and occupational diseases is usually referred to as work-related injury. Because industrial accidents encroach on the personal rights (life right, health right, or body right) of laborers, it is undoubtedly one of the missions of tort liability law to recover the loss of the victim.

References

  1. Bian YW et al (2002) Textbook of the work safety law of the People’s Republic of China. China Coal Industry Publishing House, p 93Google Scholar
  2. Chen XJ (2004) Practical issues and explanation of the judicial interpretation of the supreme people’s court of some issues concerning the application of law for the trial of cases on compensation for personal injury. J Law Appl 2Google Scholar
  3. Dong BH (2001) On social law. China University of Political Science and Law Press, p 175Google Scholar
  4. Dupeyroux J-J, Pretot X (2002) Social security laws and regulations (tran: Jiang JY). The Law Press, p 13Google Scholar
  5. Friedmann WG (1949) Social insurance and tort liability. Harvard Law Rev 63 (1949)Google Scholar
  6. Huang YQ (2003) A new discussion on the labor law. China University of Political Science and Law Press, p 54Google Scholar
  7. Li QW (2000) The conflict and integration between torts law and social security law. In: Analects of jurisprudence and comparative law. Peking University Press, 1551Google Scholar
  8. Li S (ed) (2002) The interpretation on the work safety law of the People’s Republic of China. China Price Press, p 120Google Scholar
  9. Lin J (2002) Conception, practice and innovation of social security law. China Renmin University Press, p 243Google Scholar
  10. Lv L (2003) On the relation between work-related injury and civil compensation. The ZUEL Law J 3 (2003)Google Scholar
  11. Liu ZJ (ed) (2002) The interpretation and practical guidance of the work safety law of the People’s Republic of China. China Democratic and Legal Publishing House, p 147Google Scholar
  12. Markesinis BS, Dias RWM (1989) Tort law, 2nd edn. Oxford University Press, Oxford, p 17Google Scholar
  13. Purse K (2000) Common law and workers compensation in Australia. Austr J Labor Law (2000)Google Scholar
  14. Strahl I (1959) Tort liability and insurance. Scandinavian Stud Law 3Google Scholar
  15. Tong GW (2004) An observation on the crisis and development trend of torts law from the perspective of liability insurance. The Master Dissertation of East China University of Political Science and Law, pp 14–15Google Scholar
  16. Wang ZJ (1998) Civil law theories and case study, vol 3. China University of Political Science and Law, p 275Google Scholar
  17. Zheng SY (2004) On the legal system of work-related injury insurance. Peking University Press, p 32Google Scholar
  18. Zhong MZ (ed) (2000) On the legal system of socia security. The Law Press, p 263Google Scholar
  19. Zhou KC (2003) Work-related injury insurance and civil compensation from the perspective of social law. ECUPL J 3Google Scholar
  20. Zhou KC (2004) On work-related injury insurance and the legal application of civil compensation. The Master Dissertation of East China University of Political Science and Law, p 23Google Scholar

Copyright information

© Springer Nature Singapore Pte Ltd. 2018

Authors and Affiliations

  1. 1.Renmin University of China Law School, China Legal Science Journals PressBeijingChina

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