Legal Application Of Concurrence Of Liability Between Third Party Infringement And Industrial Injury Insurance

With the rapid development of China's socialist market economy in recent years,China's industrialization development model is gradually showing a diversified trend,The number of workers and employers has also increased dramatically,There are more and more accidents at work,The contradiction between laborers and employers has also become increasingly prominent.China's relevant laws are gradually improved to resolve disputes between laborers and employers,However,there are still many problems while progressing.,Some issues have a gap in legislation,There is no relevant law to solve,or the legal provisions are not perfect enough to have a lot of controversy in the process of judicial practice and academic discussion in China.In the case of the plaintiff Lai's v.the defendant's manufacturing company in Sichuan,the two parties disputed whether the employee's compensation was deducted from the infringement compensation already obtained.The case shows that when the third party infringement and the work injury insurance liability compete,the relevant laws and regulations in China are not perfect.The author analyzes the advantages and disadvantages of the original defendant's views on the supplementary compensation and double compensation mode of the academic circle,and briefly analyzes the judgment results of the court of the two trials,Combined with the judicial interpretation of 2014,the issue of legal application is pointed out.Finally,it refers to the problems that exist in the current legal provisions,and considers that the model of different loss properties should be supplemented and combined with the model to apply the model concept.And strengthen the work-related injury insurance fund to pay and improve the work injury insurance participation mechanism,I hope to provide a reference for the analysis of similar cases.