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Research On Compensation Liability Of Industral Accidents Incurred From Torts Of The Third Party

Posted on:2017-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:Q Q YangFull Text:PDF
GTID:2336330485972853Subject:legal
Abstract/Summary:PDF Full Text Request
In accidents caused by third party infringement,the laborer may either request compensation based on tort law,or request to be paid the injury insurance benefits based on work-related injury insurance relationship.The way we deal with the relationship between the two compensation claims is crucial to balance the benefits among multiple parties including the social insurance agency,the employee,the laborer and the third party.The current regulations applicable to the aforesaid legal relationships are still confusing and may contradict with each other,which leads to various consequences in similar cases in judicial practice,and the scholars cannot reach a consensus on this issue,either.And this is exactly why we consider it very necessary to have a further research on this issue.Here I manage to explore the relationship between injury insurance benefits and torts claims,further point out the rooted problem based on analyzing both the practice situation and current theories,in order to finally come up with a reasonable method.Here,I mainly adopt such adequate research methods as literature research,positive analysis,comparative studies,historical research as well as systematic interpretation,literal interpretation,historical interpretation and others,so as to strive to have a reasonable explanation with regard to relationship aforementioned.The contents in this article are set as followed:The first part points out the dilemma in applying relevant regulations between injury insurance benefits and torts claims.Wherever the employees are injured by a third party and confirms to the circumstances which may as well apply to injury insurance benefits,a problem that how to deal with these two situations occurs.We are still lack of definite regulations which can be used as guidance on this issue,which thus causes total difference to the judgments of similar cases.Here I introduce the legislation on this dilemma in other countries in the whole international community,and further go through a comprehensive analysis among four diverse modes which cover the selection mode,the alternative mode,supplementary mode and the one that supports both compensation claims,and thus provide reference for our domestic relevant system construction.I have also made an evaluation on the opinions above and point out the fact that the core issue here is to determine whether the injury insurance benefits and torts compensation can be offset after analyzing their nature.The third part starts from comparing the two kinds of compensation.We will find these two systems share both similar function in making up the loss of the employees and the same nature as a way of compensation to personal injuries,which lead to the fact that they are much alike in either items covered in the compensation and or the compensation standard.We cannot deny the nature which is exclusively and respectively embodied in each of the two systems.I next explained the reasonability in adopting the supplementary mode domestically.Here I simultaneously explain the plausibility of such mode in a positive way and responded to the refutations which has always doubted it.I draw a conclusion that we shall support the supplementarymode in order to fully protect the rights of employees,maintain the equity principle.Although such supplementary pattern can not be explained by the principle of balancing loss,we can finally warn and discipline the third party by such other means as subrogation principle.The procedural justice can never affect the essence of justice and such procedural barriers can also be addressed by such other means as the combination of litigation despites the complexity thereof.The fifth part hereof specifically addressed the supplementary mode in the following three aspects including the applicable order,the balance complementary approaches,and subrogation method.I elaborated a reasonable choice of our domestic system construction,which is not limited by the applicable order,meaning that the employee can totally obtaining his compensation amount and make up the difference by means of comparing each sum calculated in the two ways covered by the supplementary mode.And the national insurance agency shall enjoy the right of recovering from the third party if it has already paid the injured employees in advance.
Keywords/Search Tags:the third party torts, industrial accidents, compensation, supplementary mode, subrogation
PDF Full Text Request
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