A Study On The Concurrence Between Industrial Injury Insurance And Tort Compensation By Third Party

On how to deal with the laborer industrial injury caused due to the third person's tort,namely when workers face treatment of industrial injury insurance compensation and the third party infringement compensation on how to deal with the problem,always is lingering in the complex problems in the theory circle and practice circle.It is due to the provisions of the relevant laws of our country do not have a clear how to deal with the coincidence problem,which leads to the confusion in the judicial practice.The third party infringement compensation and industrial injury insurance compensation for the treatment of both is obviously completely different concept,has produced such a complex relationship,on the handling of the coincidence,the laws and regulations of our country did not make a unified,clear guidelines and relevant local laws,regulations or judicial interpretation of the relevant provisions and not the same.Facing the situation of confusion between theory and practice,how to solve this problem is imminent.In view of the above problems,Mr Yang and case on appeal in a dispute over compensation for personal injury caused by an enterprise in Shanghai development company is cited,raised in treatment of industrial injury insurance compensation and the third party infringement compensation concurrence processing,there is a problem of legal provisions and judicial practice is not consistent,show in China in the treatment of industrial injury insurance compensation and the third party infringement compensation concurrence of the existence of chaos.Starting from the reasons of concurrence and from the angle of the third infringement about concurrence of treatment of industrial injury insurance compensation and the third party infringement compensation problems are discussed,the main body of this paper consists of four parts:The first part of the article,the overview of treatment of industrial injury insurance and tort compensation concurrence and involved the work-related injury insurance,civil infringement of the basic concepts and the differences of the two to be pointed out and analyzed,and explains the basic theory.The second part of the article,for infringement of the third party caused by workers,that exist in the world today four main processing mode that alternative models,selection mode,supplementary mode,mode and eat it,the mode option of alternative models,supplementary mode,concurrently mode content of an overview and evaluation,that each model advantages and disadvantages,to reconsider our country what mode suits.The third part of the article,mainly to our country since the founding of the third party tort damages and the compensation of injury insurance compensation for the coincidence of the relevant laws and regulations.From two aspects of industrial injury insurance and tort law,combing and analysis of both relate to the relevant legal provisions and the local relevant legal documents,combined with the background of that time come to solve this kind of problem in ourcountry the development venation of,and causing such problems because today,our country is still not a unified regulation,is also treated by different places vary mess.The fourth part of the article,mainly discuss that our country are putting forward to overcome this confusion,this paper argues that China should improve the relevant legal provisions and in the form of law to the "two principles,a model to be determined.Through legislative means established parties shall be double obtain compensate compensation principle and gives the work-related injury insurance handling institutions' right of subrogation principle,and to establish our country should build processing mode model" additional mode ",promote the perfection of the legal system of our country.Through discussion and research,this paper argues that under the current legal system in China,to better solve the third party infringement compensation and industrial injury insurance compensation for the treatment of competing to deal with the predicament,China should through legislative means to clear the new additional mode "to deal with the conclusions of the problem to better promote the process of our judicial reform,promote the perfection of relevant laws.