Inductrial Injury Insurance Compensation With The Concurrence Of Tort Damages

Before the industrial revolution, inductrial injury insurance system has not formed, the court will usually inductrial injury cases as a referee between common tort case. But, with the deepening industrialization level, plant more and more enterprises, inductrial injury accident and occupational disease kinds of worker soar, many accidents can not get effective treatment, so that the parties to the inductrial injury accident increased, the contradiction between the labor relations at swords’ points, in order to ease labor relations, and promote the benign development of social economy, inductrial injury insurance system arises at the historic moment. After centuries of development, the perfecting of inductrial injury insurance. Worker is in after the occurrence of inductrial injury is the two kinds of different relief way, one kind is the inductrial injury as a tort, apply to the infringer of the civil compensation, another is the application of inductrial injury insurance compensation according to inductrial injury insurance system, thus, the compensation of inductrial injury insurance and tort damages competition problem. Research of inductrial injury insurance compensation and tort compensation for damages to the legal problems in the practice of competition, and based on this classification integration to explore the patterns of the deal with the competition, to ease social contradictions, safeguard social fairness and justice, promote economic development has a profound theoretical and practical significance.In this paper, the introduction part mainly introduced the selected topic reason, the purpose and significance, summarized the domestic and foreign research present situation of this topic, and analyses the compensation of inductrial injury insurance and tort damages the problems existing in the competition, for the specific research direction and research scope to point the path. In-depth analysis of the current our country the concurrence of both present situation and some problems, mainly including: the legislation is not perfect, the existing regulations vague meaning, project and do not have a unified standard for compensation. Problems of the concurrence of draw lessons from foreign processing alternative model, double compensate model, selection, compensation mode, put forward to solve our country faces the competition at the same time, the processing of mainly includes: establishing the competition principles and patterns, perfecting the relevant legal system, the relationship between all kinds of laws and regulations applicable, define the compensation items and standards, etc.