An Analysis Of The Application Of Law Of Compensation For Traffic Accident And Injury Compensation Concurrence

With the rapid development of China's economy, China's laws have been gradually improved, but the development of the same time, there are still shortcomings. Such as the laws and regulations of our country on the way to work, laborers have the traffic accident can be identified as work-related injuries, which embodies the principle of protection of workers, but does not provide the workers encounter traffic accident compensation and industrial injury insurance compensation exist at the same time, should be based on what kind of legal procedures to seek relief. Based on the increasing number of such cases, the majority of workers can not get a reasonable relief, the author only use this paper to elaborate their own views and opinions, hoping to provide help to the judicial practice.Taking li-na xie, Jia Shenglin, Jia Shikui, Zhang Zhongcui v. TaoDeCun, junlian sunan logistics service co., LTD., business property insurance co., LTD., yibin center sub-branch of the traffic accident compensation li-na xie, Jia Shenglin, Jia Shikui, Zhang Zhongcui v. junlian people strong coal co., LTD., inductrial injury death compensation dispute as an example, the transportation damage compensation with the concurrence of inductrial injury compensation should be adopted when the compensation mode, how to seek legal relief, and unit of choose and employ persons and actual the infringer analysis how to divide responsibility, hope to provide help to victims laborer.The main content of this paper is divided into three parts, the first part summarized the case statement to clarify the facts of the case, the result of the trial, the focus of controversy in this case; the second part analyzes the focus of controversy, the first around the first focus are discussed through the analysis of the advantages and disadvantages of several existing compensation model, combined with the the principle of fairness and justice, the most suitable for our compensation model is added; secondly around second focus analysis, through the analysis of the standard of compensation and industrial injury accident compensation standard of traffic accident calendar Shi Yuanyuan, the supplementation mode under the standard choice; the third part analyzes the defects of China's current legal provisions exist in traffic accident compensation and compensation in the competition, mainly reflected in the law in daily life is not good to play And economic development in different regions caused by different compensation for these defects is limited, the author put forward some ideas to perfect the system.