Research On The Coincidence Between Work Injury Insurance Liability And Third Party Tort Liability

With the rapid development of human civilization, the social economy also has a great progress, and people's material and cultural level have been improved and enhanced. But the rapid development of economy, accompanied by inductrial injury accident rate is also high. Inductrial injury insurance system established before the courts generally the inductrial injury accident cases shall be carried out in accordance with the common civil tort cases in the form of a referee, In order to make the victim the lawful rights and interests of workers can get a better maintenance, relieve the contradictions of a growing number of labor, and promote the benign development of social economy, inductrial injury insurance system arises at the historic moment. After the inductrial injury accident, the labors can choose two solutions, one is the pay of inductrial injury insurance, the other is the damages of civil tort. Because two solutions'value function?claim basis and the legal system for function have many differences, so when apply the law, there have the problem of competition. Due to the value of the two rights foundation, the legal system for function, there are differences, so on the law applicable to the competition. Therefore, the academia hasn't a consensus about the competition problem of inductrial injury insurance and civil damage compensation, the judge also have a great trouble when they sentence the case of labor dispute and personal injury compensation.The writing purpose of this essay is that, after the third person infringement, at the same time,the infringement caused two problems, that is injury insurance and tort damages, the two different legal relations, mixed with the same behavior, study of the problem, in order to provide practical and effective solution for the judicial practice. First of all, this paper introduced the connotation and constitutive requirements of inductrial injury accident liability and tort liability in the inductrial injury accident, and then recommend the competition of the two liabilities and the form of this competition, analyses the differences of the pay of inductrial injury insurance and tort damages. About this question, the nations of the world have different process mode in the judicial practice. It's can be roughly divided into replace mode, select mode, both mode and supplementary mode. This paper analyze the advantage and defects of the four modes combination with the practical situation of our country judicial practice in a bigger space. The second, when have the competition in pay of inductrial injury insurance and tort damages in the judicial practice, due to the national laws and regulations and judicial explanation is not clear or legislative blank, major provinces and cities and regions do not have a unified rules and regulations of the phenomenon. This present situation of not clearly and unified law, triggered many controversy in the theoretical circle, intensifying the confusion in the judicial practice, there have different process results in the court judge of the same case. Based on the present situation, our primary task is that establish the appropriate process mode, and formulates the corresponding system. From what has been discussed above, when these two kinds of concurrence of liability occur, it must establish an effective processing model, namely the supply mode, to solve such problems, in this way, it conforms to the principle of fair and just, and unifies the aim of inductrial injury insurance system in China. Finally, in view of this article established a supplementary mode in both with the competition and cooperation of the opinions to solve the problem, fill the blank of the law of the scheme are given, including both substantive law and procedural law.