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Research On The Concurrence Of Third Party Tort Liability And Industrial Injury Insurance Liability

Posted on:2018-02-13Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
GTID:2416330515953505Subject:Law
Abstract/Summary:PDF Full Text Request
In the industrial accidents caused by the third party's tort,the worker may obtain the compensation for tort damages based on the legal relation of tort,and may obtain the industrial injury insurance benefits based on the industrial injury insurance policy.The liability for tort damage and the liability for industrial injury insurance involve the interests of social insurance agencies,employers,workers and infringers,and how to properly handle the relationship between them is particularly important.At present,for the concurrence of the tort liability and work-related injury insurance liability,different countries or regions have different solutions based on their own social system,legislative model and juridical practice.But the current laws and regulations in China related to these two claims are ambiguous,which leads to different court's rulings from region to region.Therefore,the author chooses this topic for the thesis.By collecting 34 court's rulings in different regions of China as references,making the necessary and systematic analysis of the concurrence of the two liabilities,and combining with the four kinds of solution abroad,the paper explores the solution suitable for China.In addition to the introduction and conclusion,this paper is divided into five parts:In the first chapter,the author introduces the 34 cases about the industrial accidents caused by the third party's tort.Through the comparison of different courts' rulings for similar cases,the author concludes the legal disputes involved.In the second chapter,the author elaborates the basic theories,such as the concepts and basic elements of the tort liability and work-related injury insurance liability.By the comparison in the aspect of value objectives,principles,relief approaches and extents of compensation between the two liabilities,the author finds that the work-related injury insurance liability and tort liability have some differences in the value objectives,relief approaches and extents of compensation,though the two liabilities are all compensations for personal injury.In the third chapter,starting from the basic legal principles,the author introduces and expounds the legislative stipulation for the concurrence of the two liabilities,analyzing and comparing the four kinds of mode of settlement(alternative mode,replacing mode,supplemental mode and dual mode).From this,the author points out that the selection of model needs to consider the basic situation of the country and the current mechanism.According to the differences in the purpose and nature of the compensation between the tort liability and work-related injury insurance liability,our country may adopt a mixed mode,supplemental mode with dual mode.That is to say,the part of actual loss adopts supplemental mode while the other part adopts dual mode.In the fourth chapter,from the legislative and judicial aspects,the author discusses the concurrence of the work-related injury insurance liability and third party tort liability.At the national legislative level,there is no clear and specific stipulation for the processing mode of the liabilities concurrence.On the local legislation,some provinces and cities issue some local regulations in combination with the actual local situation.But because of the different stipulations,there are no unified standard to deal with the liabilities concurrence,even leading to a phenomenon of different court's rulings for the same cases.In the fifth chapter,according to China's current mechanism and judicial practice,this part expounds the rationality of the mode of "both at the same time and supplement" in our country at the present stage,and puts forward some suggestions.
Keywords/Search Tags:Industrial injury insurance liability, Third party tort liability, Concurrence
PDF Full Text Request
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