| Modern society is a society full of risks, the risk of accidents is this one,how to rescue people who suffer from industrial injury is the focus of social security law and tort liability law, industrial injury insurance compensation and tort compensation competing together is a very common problem to deal with accidents. Research on Industrial Injury Insurance Compensation and Tort Compensation competing relationship, to deal with the compensation of industrial injury insurance is of great realistic and theoretical significance.In this paper, a case of infringement damages due to accidents caused as a starting point, leads to the existing legal mechanisms under the law of accidents both inside workers’ compensation and tort compensation issue Concurrence circumstances applicable, with respect to the definition of the relevant legal relationship with the current law of the considerations in an attempt to find an effective way to deal with the issues related to appropriate and then treated justly as efficient as possible in good hands inside dispute, the parties to protect the legitimate rights and interests, especially victims of accidents. The main contents are as follows:The first chapter briefly describes the cases before the focus of controversy, the case appears from an actual departure leads to a focus of controversy, investigate accidents and compensation cases related to the specific characteristics of the current court cases of this type the usual disposition, we found the focus of controversy, and further clarified three main issues discussed in the article desired: how the injury is identified, work injury insurance and tort compensation compensation how to define the problem, work injury insurance compensation and tort claims handling mode when competing issues.The second chapter describes injuries related systems, such as the connotation of work-related injuries, compensation for injury and work injury insurance, what kind of relationship, as well as accidents What is the nature of the injury recognized standard or what the constituent elements.The third chapter is to clarify Industrial Injury Insurance Compensation and Tort Compensation is how to define. From the development process of industrial injury insurance system, principles and injury insurance identified three perspectives for its content to be determined; concepts and features from tort damages, compensation for infringement of the rules and determining compensation for infringement of three aspects of the connotation of tort damages be defined.The fourth chapter is the processing mode Industrial Injury Insurance Compensation and Tort Compensation Insurance when competing. The first is when the discussion about foreign Injury Compensation and Tort Compensation Insurance competing processing mode, including: replace mode, select mode,addition mode, supplementary mode. Then the introduction of Industry Injury Compensation and Tort Compensation Insurance Concurrence processing mode current law study and make recommendations on improvement of work injury insurance compensation mode for the inadequacies of the existing system at under different circumstances, the application of different compensation models. |
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