Selection Of The Modes Of Remedy For The Work Injury Caused By The Infringement By A Third Party

The labor demand of the mass production of industrialization gives birth to a mass groupof laborers, which is accompanied by the inevitable problem of work accidents. Along withthe development of modern industrial society, the exchange of personnel and materials isincreasingly frequent and compact, and the work accidents caused by the infringement by athird party other than employers are also on the increase year by year. The work accidentscaused by the infringement by a third party involve two categories of legal relation, namelythe insurance compensation for work injury and the damage compensation for tort. Thestarting point of studying this problem is to fully safeguard the legitimate rights and interestsof laborers, guarantee the survival and development of the footstone of the normal running ofmodern society, and construct harmonious social relations. This paper cites differenttreatments of cases of the same type in our country, analyzes the modes of remedy for workinjury of various countries in the world and the evolution of Chinese laws and regulationsrelating to work injury in the past ten years, discusses the application of relevant legalresponsibilities for the work accidents caused by the infringement by a third party, and finallyproposes to adopt the mode of "coexisting win-win and supplement" for the remedy for thework injury caused by the infringement by a third party together with theoretical basis.This paper is mainly divided into four parts, whose contents are as follows:Part One: Cite several typical cases of work injury caused by the infringement by a thirdparty and compare the totally different judgments of those cases to illustrate the importance ofthis subject research.Part Two: Analyze and evaluate the modes of remedy for the work injury caused by theinfringement by a third party implemented by various countries. By means of citing examples,this part summarizes the internationally universal modes of remedy for work injury andmakes a horizontal comparison and analysis about the current legislation concerning thisproblem in different countries and the corresponding merits and demerits of the legislation.Part Three: Introduce the current situation of application of law of the modes of remedyfor the work injury caused by the infringement by a third party in our country. By citing andanalyzing the evolution of laws and regulations of our country in the past ten years as well asdifferent opinions about this problem in the theory circle, this part proposes to strengthen the uniform provision about the problem at the legislation level.Party Four: Ponder over further perfecting the modes of remedy for the work injurycaused by the infringement by a third party in our country. This part mainly analyzes thedifferences between the work injury insurance system and the tort compensation system todistinguish recoverable loss and irrecoverable loss, and demonstrates the reason for choosingthe mode of "coexisting win-win and supplement" from the aspects of legal principle, existinglegal basis, purpose of legislation and national conditions.