The Third Person Infringement Of Damages For Injury Compensation

In the introductory part of the article, through the analysis of the subsequent work injury compensation case a third party ’s infringement proceedings, an obligation to competing and succeeding in work injury compensation cases of infringement of third parties.The first part of the focus of the article describes the work injury damages in cases of infringement of third party liability issues, including work-related injury insurance and tort damages. Through the concept of the two responsibilities, the constituent elements, objects, scope of exposition, the specific content of the two clear responsibilities, lay the foundation for the following two-part article demonstrates. Meanwhile, also in this part of the work-related injury insurance and tort damage liability laws to sort out in order to identify the relevant provisions of existing laws and inadequate, laying the groundwork for the discussion below.The second part of the article describes the focus on the responsibility of the two competing issues. For this problem, the first is the basic theory expounded the concept, reason, etc., as the basis for the second part of the whole discourse. The second is through China’s relevant laws and regulations of the sort, sort out the country’s main ideas and issues. In the third person of tort liability and injury insurance when competing responsibilities, laws and regulations in handling this issue, there is no uniform judicial interpretation clearly defined, resulting in different regions of the same type Magistrates different. Therefore, the treatment of third party liability tort liability and injury insurance when competing refine and sort out the necessity and urgency that already exists, and this is where the significance of this discussion, to the judicial practice in the future deal with the problem can be unified, clear, in order to uphold the law of identity and authority.Study abroad on the issue, in general, including the choice of relief mode, eliminating the relief mode, have both benefits and supplemental relief pattern mode. Our research on this issue is still controversial, the paper analyzes the different perspectives, and presented their point of view. After these theoretical explanations, the second part of the article cited the same nature but the ruling left the two cases for the corresponding analysis confirms the conclusions of law combing proposed values and goals of this study, that is, for the first handling injury cases trio infringement damages, the paper should first recognize the victim injury insurance claims for workers enjoy the right to also enjoy the tort damages claims. Meanwhile, the third person in our approach to tort liability and injury insurance when competing refine and sort out when we need external " third party infringement within the unit" and " third party infringement of the unit" to distinguish the situation.In the third part of the article, this article focuses on the issue of compensation for damages successor. For subsequent compensation for this kind of problem is relatively small study, but in reality the existence of such a class of difficult cases, the court in dealing with the difficulties encountered during the application and interpretation of the law, but which in turn related to the vital interests of injured workers, therefore, wish to make a preliminary interpretation of the subsequent issue of compensation by this article, to ease the plight of the court and the parties in such cases. This article is part of a one-time compensation system damage studies start from injuries, damages and subsequent comparison bis in idem principle similarities and differences, concluded that a third person other than the employer compensation for injury damages successor infringement cases, victims Staff can request tort damages claims. Meanwhile, this paper presents recommendations on this issue, hoping to clear paths and rights -based successor to compensation claims by way of typical cases.In the last part of the introduction of the case presented in this paper the author’s attitude, and the solution of the problem of this paper proposed a corresponding review and summarize.