| Since 80time in 20 centuries, as the rapid development of social economy in China, work-related accidents frequently happen. The concurrence problem of claims compensation of industrial injury cases are not uncommon. The most typical one is the problems of compensation for industrial accidents due to the third people’s tort, in which exist great controversies in its theory. And because of the difference of regional differences and the quality of judges, the judicial practice also has different result.It is truly a big problem that how to deal with the concurrence of compensation for personal injury and treatment of industrial injury insurance. Among all the things, viewing from the perspective of solving processing mode is the most important thing.After analysis, comparison and reference of relevant national advanced legislation experiences, weighing the advantages anddisadvantages,and combined with national conditions,we claim that our country should apply supplementary mode to deal with the problem of concurrence between personal injury compensation and industrial injury insurance treatment, and advocate to promote correction in related legislation when our country has already had a mature theory to effectively protect the legitimate rights and interests of workers and promote the social fairness and justice. |
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