Research On The Concurrence Between Third Person Tort Liability And Industrial Injury Insurance Liability

After the industrial revolution, human gradually stepped into the stage of mass production. Mechanization and automation level was dramaticly enhanced, the production scale expanded unceasingly, kinds of new jobs emerged, laborer employment became more fully, and the relationship between labor turned to be more complicated. Along with the more efficient production and more convenient lifestyle, the risk of inductrial injury accidents occurrence increased. Besides the labour relations between workers and enterprises, the situation that third party infringing the rights of workers, even causing them injured or death has become an important kind of inductrial injury accidents. According to the current laws,regulations and inductrial injury relief system, in the case of infringement of the third person causes inductrial injury, the victim can claim infringement compensation both to third parties and to the inductrial injury insurance agency. However, the legislation didn’t make clear that whether victims can get more than their actual loss when they request of inductrial injury insurance or not. What’s more, local judicial authority have different understanding about the pattern of processing the conflict between the third party tort liability and the inductrial injury insurance liability,and often lead to the different judgment in the judicial practice, which seriously affected the judicial justice and brought a lot of confusion to common people. How to effectively remedy the victim’s and ensure the protection of them, at the same time to balance the interests of the social insurance agency,became a big problem for the legislative and judicial.In the beginning,this paper points out the discrepancy in domestic judicial cases that processing the third person tort liability and inductrial injury insurance liability through two cases,briefly expounds the causes of these problems, and then compare and analysis the advantages and disadvantages of four foreign concurrence processing mode. Finally taking account of the specific situation in our country,proposes an improved concurrence processing mode, gives several suggestions in principle, legislation and system construction.