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Concurrence Of Inductrial Injury Insurance Compensation And Tort Compensation Under The Applicable Model Research

Posted on:2016-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:X W CaiFull Text:PDF
GTID:2296330488473486Subject:Law
Abstract/Summary:PDF Full Text Request
Worker is hurt in the job, can inductrial injury insurance compensation, or request, tort damages relief also claim compensation of inductrial injury insurance and tort damages for relief. In judicial practice at present due to the infringement caused by inductrial injury insurance and tort law competition, because according to the legal basis and relief way, divided in theory, legislation and did not make specific provision on this issue, is going in the judicial practice, has been debated. To properly handle the concurrence of compensation of inductrial injury insurance and tort damages cases, it is necessary to comb the contradiction or inappropriate laws and regulations and integration mode, making inductrial injury, the cases of infringement of mechanism, achieve finally in the treatment of inductrial injury insurance compensation with the concurrence of tort damage compensation cases, rule-based, there are laws to make dealing with such cases quickly and efficiently, reduce the tired, the protection of the rights of the parties, as far as possible; Consideration shall be given to fairness, responsibility principle at the same time. In this paper, three typical cases, as a way to elicit the inductrial injury insurance and tort liability concurrence, the analysis of current legislation in our country, to compare various processing pattern of competition, discuss the tort liability subject inductrial injury accident, fault liability and the special form of employment, special group and choose different applicable mode, for the current judicial practice provide certain reference to handle the case.
Keywords/Search Tags:apply to the compensation concurrence of tort compensation mode of inductrial injury insurance
PDF Full Text Request
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