Font Size: a A A

Research On The Legal Issues Of Compensation For Work-related Injuries And Third-party Infringement Compensation

Posted on:2019-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:D F ZhangFull Text:PDF
GTID:2357330542982086Subject:Law
Abstract/Summary:PDF Full Text Request
Since the industrial revolution,industrial accidents have continued to emerge,and accidents caused by infringement of third parties are more common.At this time,the injured workers have different claims for compensation according to the different legal rules of social law and civil law.How to deal with the balance between the two claims for compensation,China's current laws and regulations have legislative loopholes in this provision,judicial practice also exists "the same case different judgments" phenomenon,seriously affecting the credibility of the judiciary.At the same time,there are four different treatment modes in the theoretical community: selection mode,alternative mode,concurrent mode,and supplementary mode.This article adopts a combination of case studies,comparative analysis and summary analysis.Starting from the distinction and co-occurrence of work-related compensation and third-party infringement compensation,this paper combines the theoretical perspectives and specificl practices in the field of practice and believes the supplemental model and conducts a rational analysis.The specific operation of the balance problem in the supplementary mode,the improvement of the right-to-solve system,the specific application of procedures in the supplementary mode and legislative perfection were put forward to make relevant suggestions,with a view to safeguarding the legal rights of workers and taking into account social equity and justice.
Keywords/Search Tags:Industrial injury insurance, third-party infringement, infringement compensation, concurrence of responsibility
PDF Full Text Request
Related items