| In modern society, risks are everywhere, especially for broad workers who are in the productive labor, among which industrial injury accident is more frequent. Among these accidents, the problem of applicable relationship between industrial injury insurance compensation and tort damages compensation has become a focus.How to protect the rights and interests of the victim workers under the condition of balanced interests of all parties, reflects the socialist legal concept of’people-oriented’of our country, which has been the subject studied by theory scholars and judicial practice department. Therefore, from the perspective of promoting industrial injury prevention and vocational rehabilitation, and the dispersion of industrial injury risk of the employ units, the author puts forward an ideal industrial injury relief system on the basis of distinguishing whether there is a fault exists in a third person and the employ unit in this paper.First, this paper by analyzing and understanding the case, from the angle of fully protect the legitimate rights and interests of workers, combined with the purpose of industrial injury insurance compensation, takes the following theoretical problems:the meaning, the constitutive requirements, and the development process of industrial injury insurance system as its bedding, then introduces the relation between industrial injury insurance compensation and tort compensation. Second, based on the analysis of the applicable relationship between industrial injury insurance compensation and tort damages compensation in foreign countries, the existing modes of dealing with similar issues in China are expounded in the method of comparison in this article. Finally, in view of the specific national condition of our country, to build applicable relationship model between compensation of industrial injury insurance and tort damage compensation under different conditions is proposed. |
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