| The society has become risky;the accidents occur frequently.With the continuous improvement of technology and the advance of industrialization and demonetization,the probability of meeting various risks is increasing.Of all industrial injuries,the industrial injury that caused by the third people's tort has become a significant feature of modern industrial injury.According to different legal rules,the injured workers can either request the treatment of industrial injury insurance,but also may require the third people to bear the liability for personal injury.Consequently,the concurrence of two kinds of claims occurs.In the theory,there are four modes of dealing with the concurrence of the two kinds of claims.The first is the selection mode,which means that the injured workers can only choose between the claim for injury insurance and the claim for personal injury compensation,This two kinds of claims are mutually exclusive relationship.This kind of mode gives workers the right to choice claims freely.The second is the alternative mode,which refers to the use of industrial injury insurance to completely replace the personal injury compensation.If the accident is in line with the conditions of injury insurance benefits,the injured workers can only apply for injury insurance benefits and no longer enjoy the claim for personal injury compensation.The third is the supplementary mode,in which mode the injured workers can request the payment of injury insurance benefits and can also request personal injury compensation.But according to the principle of profit and loss balance,the final total amount of compensation shall not exceed the actual damage suffered,we can take the same project deductive approach to coordinate.The fourth is the compatibility mode,in which mode the injured workers can request the payment of injury insurance benefits and request personal injury compensation at the same time in order to get double benefit.This paper argues that adopting the compatibility mode is a correct way to solve the problem of competing claims under the current third-person infringement in China,this mode is in line with the requirements of human rights protection in our country and can also better play the legal punishment function,and more conducive to industrial injury workers.This paper is divided into five parts.The first part is introduction.Through the comparison of two typical cases,to point out that China's current judicial practice on the relevant cases is disordered,lacks of clear legal basis and theoretical guidance,the theoretical research is urgent needed.The second part,by analyzing the differences between the two legal systems and the reasons for the two competing claims to provide theoretical basis for solving the competing problems of the two claims;The third part is the comparative analysis of the modes of industrial injury insurance and personal injury compensation.Through the comparison of the four models,the evaluation of China's academic circles and the specific provisions of our legislation practice,summarize the pros and cons,to lay the groundwork for the specific solution to the future.The fourth part,put forward the views expressed in this paper,and make some theoretical analysis and put forward the concrete solution.The fifth part is the conclusion,to summarize the above point of this paper. |
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