Competing Research On Industrial Injury Insurance Compensation And Tort Compensation

Due to the rapid development of our country economy and the deepening of the construction of industrialization, the use of modern machines are also increasing year by year, workers are faced with the risk also increases, resulting in rising incidence of inductrial injury accident, and has already become a we can't ignore social problem. Inductrial injury accident, involves the people more and more, it makes after the accident, the problem of how to compensate the victims has been urgent.Because inductrial injury accident compensation can be adjusted by inductrial injury insurance regulations, and can be adjusted by the tort law, we from the status quo to solve this problem can be found: the key to solve this problem is to deal with the applicable relationship between them. But about inductrial injury accident compensation legal system in our country at present are few, in tort law has not made a provision for inductrial injury tort compensation, labor law regulation is confined to inductrial injury insurance, and the applicable scope is limited. And on how to deal with the relationship between the law is not yet in our country, and there is a certain contradiction between related regulations. So we can imagine the victim recourse for pain after inductrial injury accident. Visible, inductrial injury accident compensation for the lack of legal mechanism will lead to serious social problem, at the same time can cause widespread social concern. So the author will focus on this and in the following discussion.Except the introduction and conclusion, this paper is divided into four parts. The first part of the related concepts, such as "injury", "compensation of inductrial injury insurance", "tort damages" concept is defined. And then to compare the two relief way, the first is the law of value goal is different, the first pull imputation principle is different, the third is the different functions, the fourth is the compensation scope and standard is different, the fifth is the two different relief program. Finally, this part also expounds the concurrence of both. Then the second part the author focuses on the existing relevant laws and regulations of this problem in our country, and analyzed the existing shortcomings. Then in the third part of this paper expounds the processing pattern of countries on this issue mainly include "choice mode", "replacement model", "both model" and "supplementary model", and analyzes the advantages and disadvantages of these patterns. Finally, the fourth part foreign processing mode, draw lessons from foreign experience, to explore suitable for the processing pattern of our country.The innovation of this article is that of inductrial injury insurance compensation and tort compensation has carried on the comprehensive comparison, put forward according to the different causes of inductrial injury happened, take a different approach, namely from without infringement of a third person and there is a third person involved in two aspects, in the absence of any third party and subdivided into without fault and employers have fault. And this article is not take single patterns to solve this problem,but according to integrate the advantages of different patterns and improved so as to come to the conclusion. In as much as possible, safeguard the rights and interests of the victim under the coordination of laborer and unit of choose and employ persons, and thus help to build a harmonious labor relations.