Research On Concurrence Of The Treatment Of Insurance Against Industrial Injury And Compensation For Infringement Under The Third Party

Although science and technology,together with economy,have made colossal progress in the last century,high and new technologies have still no way to replace the human labor with industrial robots in work.As a result,the working people are inevitable to risk their safety during their job.Once on-the-job accidents occur,they can cause mental and physical suffering and economic losses to themselves as well as their families.It also becomes a burden on employers.With people gradually realizing the importance of insurance,the injury insurance system came into being and developed increasingly.Through this system,workers can request compensation for industrial injury from the insurance company,when if he suffers an on-the-job accident.However,when a third party has committed an infringement act during the on-the-job injury,it is controversial how to coordinate the relation of industrial injury insurance and infringement compensation.Two kinds of compensation are competing,and different laws have different recognition of the same infringement,resulting in two kinds of claims.There are many legal provisions to deal with the two kinds of competing compensation in our country,such as the "Industrial Injury Insurance Regulations","the Supreme People's Court on the interpretation of the law applicable to the trial of personal injury compensation cases" and the "Social Insurance Law",but this topic has not been clearly applied yet.No uniform standard has been established,which leads to inconsistent court decision between different jurisdictions,and even the contradiction between the laws and the policies of local government.Whether in theory or in practice,there is a great deal of controversy and it is still a complex issue.In judicial practice,no unified interpretation and diversified opinions of judges from different jurisdiction cause different sentences in the same case,which brings negative effects on social injustice.These studies starts with two typical cases involving infringement of the third party in on-the-job injury,summarizes the competing relationship of industrial injury insurance and infringement compensation,focus on the dispute,divides the topic into different types,and then refers to the challenges to theory and practice.Based on the combining of the theory and practice in our country,this study summarizes the current solutions and their shortcomings.By analyzing the fourmodles of settlement abroad,we make some advice to our country's legal system under our own characteristic after absorbing their benefits and eliminating their inappropriate.