Choosing And Thinking On Industry Injury Resorts Caused By The Third Party Infringement

The research on industry injury resorts caused by the third party infringement belongs to two legal relations, that is, labor indemnity and civil infringement indemnification. The objective is to fully protect legal rights of the injured worker, rights of existence, rights of development and build harmonious society. The article starts with historic development of industry injury resort, then uses classic cases, analyzes resorts of relevant countries and discusses possibility and reality in Chinese condition. Meanwhile, according to the legal application and practice of industry injury resort, the author provides the theory basis of double resorts. At last, the author mentions the concrete speculations.This article consists of five parts, and amounts to about 30000 words.Part one: Mention the problem. This part uses two classic,similar cases about industry injury caused by the third party infringement, but results are different. That is to illustrate the significance of this subject.Part two: Comparisons between different countries in industry injury resorts. This part concludes four kinds of resort modes, combining Chinese practice and weights the pros and cons to make an objective analyze.Part three: Reasonably choose the third party industry injury resorts——double modes. This part is the key of the article ,which is analyzed from legal principle,legal basis,legislative aim,Chinese condition and so on.Part four: Analyze legal application of the third party infringement resorts. This part illustrates laws,regulations and judicial explanations and analyzes applied and practical problems, pointing out the necessity in legislation.Part five: legislative suggestions about double resort modes. This part combines above four aspects to analyze and provides legal suggestion, something like, components,legal responsibility burden by the company,procedure and category of this resort. It aims to develop a complete system, which enables the injured workers to enjoy all kinds of legal rights.