Research On The Related Problems Of The Compensation Of Industrial Injury Compensation And The Tort Liability Of The Third Party

"Industrial injury insurance regulations" after the revision, the increase of workers on the way to and from work, is not the main responsibility of the traffic accident injury, should be identified as work-related injuries. In our country, on the job, the case of the injury caused by the tort of the third party is on the rise. Because of the third person tort caused by damage of workers, workers were identified as work-related injuries under the condition that the provisions of the tort liability law and the labor law based on third people, produced at the same time the tort liability and injury insurance agencies or by competing compensation responsibility of the employer, labor based on two different legal relationship can be third people to request compensation for personal injury, but also to the employer or work-related injury insurance agencies for treatment of inductrial injury insurance compensation. In the judicial practice, the compensation scope and the conflict between the compensation scope and the mode of compensation are the urgent problems to be solved in the case of the concurrence of industrial injury compensation and the compensation of the third party. For the treatment of industrial injury compensation and the concurrence of civil infringement cases, the balance of interests between workers and employers, social insurance system and the third people who have tort liability. However, in the presence of third party tort liability cases, compensation scope, compensation for work-related injury insurance how to determine, in the proceedings, two for damages and how to take this in China now disputable, vague legislation at the national level, local legislation is different, all over the court in judicial practice treatment for similar issues can be quite different, this problem has plagued the judicial practice, seriously affecting the credibility of the judiciary, but also easy to cause damage to the legitimate rights and interests of injured workers. According to the Supreme People's Court promulgated the "on the trial of personal injury compensation case applicable legal interpretation" of the relevant provisions of the right to request compensation for work-related injury insurance and third party infringement compensation claims under the condition that the third person tort liability cannot be exempt from this, generally no dispute. But how to deal with the two claims the relationship between theory and judicial practice viewpoint, the difference is larger, there are three main views: 1, select mode; 2, both parallel mode; 3, supplementary mode. The complementary mode is divided into two kinds, namely the total compensation principle and double indemnity co.. For the compensation mode of choice, China had a "supplementary mode" in the legislation, and establish the employer as "double modes" of the infringer, the Supreme Court also affirmed by reply in the form of "double modes", but in 2011 the implementation of the "social insurance law" directly denied "both mode, the cost of health care benefits, the legislation once again established the" supplementary mode". In judicial practice, the court is actually a lot of "supplementary mode", but it is not the same, the Court adopted a sub part of the makeup of the principle part of the Court adopted a total compensation principle. Therefore, this paper aims to study the nature and the relationship between the claim of compensation for work injury insurance and the third party's right of claim for damages, and strive to determine the unified treatment mode, and give full play to the functions of the system.