Research Of The Concurrence Of Liability Compensation Of Industrial Injury Caused By The Third Person Tort

The industrial injury accidents caused by the third person tort, the victim canrequest treatment of industrial injury insurance and claim third people bear tortliability for damages. How to deal with the industrial injury insurance compensationand tort compensation the relationship?It is very important for the protection of therights of the victim. But China’s current law does not specify, and the law circle andthe judicial circle has not reached a consensus, so different regions of the court makedifferent decisions in dealing with such cases. It impacts directly victim’s legitimaterights and interests, also affected the unity of legal system and judicial authority.Researching of the concurrence of liability compensation of industrial injurycaused by the third person tort, it is an important task to every legal person.Through the study of legal norms, this paper attempts to solve this problem. Thispaper is divided into six parts:In the first part. Through two typical cases to draw out question that when thevictim has already gotten the compensation from the third party, whether can he enjoytreatment of industrial injury insurance? On the contrary, when the victim has enjoyedtreatment of industrial injury insurance, whether can he get the compensation from the third party? Can the victim also get the same project of two differentcompensation liability?In the second part. Through the historical process of compensation for damageof industrial injury accident analysis，we can find the industrial injury compensationand tort liability between is the essence of co-opetition relationship norms，They havedifferent properties、different function、different compensation project、different reliefprogram。In the third part. Through analysing the four kinds of legal system of othercountry, which are the select mode, the alternative mode, the supplementary modeand the compatibility mode, to provide reference for the construction of China’ssystem.In the fourth part Analysis of China’s relevant laws and regulations of therationality and deficiency.In the fifth part. Firstly, put forward three basic principles to solve the problemof compensation the Industrial injury Accidents caused by the third person tort:Allow the victim choose the compensation claim right; No additional benefit; Givethe industrial injury insurance agencies and employers the right ofsubrogation.Secondly, put forward the substantive rules: The victim can not enjoy the homogeneity compensation programs at the same time,but he can get all the differentfunctions of the compensation project.Thirdly, put forward the procedure rules:Industrial injury insurance compensation prepositional procedure. To solve the tortcompensation and the right of subrogation in the same procedure.In the sixth part. System design proposed in accordance with the law backgroundof our country, the problem can be solved.