社会保险代位追偿问题研究:以工伤保险为例

传统观点认为,代位追偿权只适应于财产保险中.本文分析认为,由于人的生命、身体和健康的无价性,容易让人形成在人身险中不宜采用代位追偿权的思维定势.人身伤害赔偿实际上由两类组成:一是针对物质性损失的补偿;二是针对肉体痛苦和精神性损害的赔偿.对于前者,由于涉及到的是与人身伤害相关的费用和收入的填补,可以适用代位追偿权,对于后者,由于精神损害赔偿不具有足额补偿性,则不适用.对于工伤事故的赔偿,在补充模式下,我们可以按以上原则来使用代位追偿权.

Study on Subrogation Issue in Social Insurance: in the Case of Job-related Injury Insurance

the subrogation is traditionally viewed as to be only adopted to the property insurance. People generally form the concept that in life insurance there is no the subrogation usage as life and body and health is invaluable,. Actually, the damage in personal injury event comprises of two parts, namely the visible material loss and the invisible mental impairment. For the former case, the subrogation is able to be used as in the property insurance. However for the latter it is not able to be done for the lack of proof of full compensation for mental impairment. The paper holds that while treating the job-related injury damages we may implement the subrogation according to the above principle in the compensation supplement model.