Research On The Concurrence Of Third Party Tort Liability And Inductrial Injury Insurance Liability

The progress of modern science and technology has greatly promoted the process of industrialization, new technologies, new processes, new equipment widely used in improving production efficiency, at the same time has led to frequent accidents, which gives employers and injured workers direct impact on physical and mental health. Lead to serious consequences in injured workers's family life. In practice, there exist a kind of inductrial injury accident which due to a third person'violations. at this time, to balance the interests of the employer, injured workers is particularly important. On the relief system, mainly involved in civil tort personal injury compensation system and work injury insurance compensation system. However, depending on different demands and rules of procedure, may result in selection for the third party tort liability and injury insurance liability. Different countries or regions for the problem provides a different solving model, and combine with their own social system, legislative model, and even cultural traditions of judicial custom. In this article, it is the most important contents which need to be discussed. On this basis, the article according to current situation, combined with the basic law, made the necessary theoretical analysis to the applicable mode when appear liability concurrence in the third party liability with injury insurance application of the law .Combining our country's legislation and judicial practice, this paper elaborated on our country's dilemmas, and puts forward countermeasures and advice.The text is divided into five main parts:The first part about a typical case lead to the source of the problem . This part through different cases with the similar legal relationship and nature, but different decisions of the court. Analysis these cases based on the focus of dispute and its reason, put forword questions.The second part is legal analysis the legal liability concurrence of the third party tort liability and injury insurance liability. This section expounded concepts of infringement liability and responsibility of inductrial injury insurance liability, constitutive requirements and other basic theory, And from the the basic legal impeling factors for infringement liability and responsibility of inductrial injury insurance liability competition condition and forms to key revealed. The third part is about comparison and competing reference the third party tort liability and injury insurance liability settlement. This section mainly through the comparison and analysis of foreign solveing model,induction, summed up useful references of solveing the concurrence of third person tort liability and injury insurance liability.The fourth part is the empirical analysis about the legal liability concurrence of the third party tort liability and injury insurance liability. Focuses on the analysis legislation situation about the third person tort liability and responsibility of inductrial injury insurance liability in China , and the main problem of judicial practice.The fifth part proposed settlement mechanism in the legal liability concurrence of the third party tort liability and injury insurance liability. Based on the basic principle of the system design, the third person whether to belong to inductrial injury worker unit as the standard, elaborate the solutions under different conditions separately.This paper puts forward to model legislation suggestions , improvement measures and feasibility analyses.