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A Study On The Solving Pattern Of Concurrence For Employment Injury Insurance And Tort Liability Under The Third Party Infringement

Posted on:2018-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
If the worker suffers from the third person outside the employer,In the course of performing the tasks,according to the provisions of the insurance law of the People's Republic of China and the industrial injury insurance regulations of the State Council,the workers can obtain the work-related injury insurance benefits in accordance with the actual situation.In addition,according to the relevant provisions of the tort liability law of the People's Republic of China,the worker may also request the tort damage compensation to the person who suffers from the personal injury accident.At the same time,the same legal fact has produced two completely different legal liability according to the different legal norms,namely the industrial injury insurance treatment and the civil tort compensation,which creates the problem of liability concurrence.The article is divided into three parts:first of all,in the introduction of the "Third Party Infringement and industrial injury insurance liability Co opetition" of the referee documents for data analysis.It mainly analyzes the judicial general situation of such cases in the whole country,and points out the problem that the theoretical foundation of the stage is solid,but the practice is not in place,which leads to the general situation of the writing.The first chapter defines the concept of "third party","industrial injury insurance" and "liability concurrence" in the concurrence of the tort liability of the third party and the industrial injury insurance liability.Then,the author analyzes the problems of the four traditional solutions in the research history of the legal profession.According to the relevant laws and regulations of our country to solve this kind of dispute,the paper combines with the advantages and disadvantages of the"four traditional models ",and points out that at present,the practice of judicial practice in our country should adopt the "mixed mode" solution,which is "partly supplemented,partly shared"The second part analyzes the two typical judicial rules formed by the combination of regional characteristics in the process of China's mixed model.The first analysis to the Soviet Union,Guangdong,Zhejiang as a typical representative of the "mixed mode",based on the judgment about the controversial content of Jiangsu,Guangdong,Zhejiang three over the past three years,summed up the advantages and disadvantages of order "a" mixed mode.Then,a similar method is used to analyze the pros and cons of the "mixed mode two" referee method,which is represented by Xinjiang region.The third part points out the problems existing in the judicial practice of the two mixed models,and then puts forward some suggestions respectively for "mixed mode one" and "mixed mode two".The conclusion is the summary of this article...
Keywords/Search Tags:Civil tort liability of the third parties, Employment injury insurance, Concurrent liability, Model research
PDF Full Text Request
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