The Tort Relief Of Industrials Injury Victim

Industrialization not only brings people into the rich material life but also brings massive occupational injuries, how effective relief way should be provided for victims in industrial injury, This problem is common concerned in legislation and judicial field .In the current world ,there are mainly two ways to solve this problem, they are industrials injury insurance and the traditional tort relief .Industrials injury insurance as one of social insurances provides the most fundamental and the most convenient for an employee, also can share the compensation of social security ,lower operating costs and risks driving social economy development.In a certain society, the more employment insurance develops, the less injury accident compensation develops. Social insurance development degree and function of tort liability is inversely proportional to the more developed. Social insurance can make the victim as the weak to be protected, then the right infringement law relief become unimportant. In the present situation and social insurance of development rate, our country lacks universal compulsory industrials injury insurance system, and the compensation standard for its far below industrial injury accident loss and damage of the enterprise is not illegal severely disciplinary action. Therefore, industrial injury victim in the field of tort compensation for personal injury still plays a very important role.This article is to compare industrial injury insurance system with torts, to support the system on the basis of the choice to adopt the supplementary relief mode, Namely the laborer, after industrial injury accident happened, can choose a remedy for lack of cases, then can choose another kind of relief for loss .If the victim choose the employers to share responsibility, the enterprise actively participate industrial injury insurance can get due compensation from fund of industrial injury insurance. The enterprise that ignore life and health of laborer, not actively participate industrial injury insurance and use various means escape responsibility, should give severe punishment In one word, this article writing purpose is to seek the maximum relief system for industrial injury accident victims.The first part of this article through the introduction of the typical accident injury case and analysis the insurance system in our country in the relief at present. The second part from theories and legislation basis discuss the necessity of industrial injury tort relief. The third part of industrial injury accident from the encroacher principle, industrial injury accident of tort liability form aspects of infringement of industrial injury accident compensation. In the forth part, through discussing the principle and the of the industrial injury accident compensation, the problem about industrial accident compensation will be solved.