Research On The Concurrence Of Compensation For Industrial Injury And Third Party's Tort Compensation

China's industry has developed rapidly in recent years,the risk of industrial production has increased significantly,which poses a severe challenge to the personal and property interests of workers.Speeding up the improvement of the legislative system of industrial injury insurance is related to the fundamental interests and long-term development of the injured workers,the stability of the ruling foundation of the Party and the long-term stability of the country.Therefore,the vast number of workers need to be protected by law,let the perpetrators bear responsibility,in order to minimize the loss suffered by workers.From the point of view of the current labor law,the laborer can not only claim compensation for personal injury,but also claim compensation for industrial injury insurance if it meets the identification standard of industrial injury relief at the same time.For personal injury compensation and industrial injury insurance compensation when competing how to remedy,because the legislative provisions are relatively vague,the judicial decision has no uniform applicable standards,so it is not conducive to the protection of the legitimate rights and interests of workers.In the face of this social protruding issue,it is urgent to put forward a reasonable plan to resolve it,and the author will discuss it separately from four parts.The first part leads to the topic.Through the analysis of two representative trial examples,we can find out the different legal principles,models and institutional bases,and find out the existing distribution problems.With the help of case study,this paper probes into the distribution of power and responsibility behind the injury compensation and the third party's tort competition,and grasps the relationship between the injury compensation and the civil tort compensation from the macro point of view.The second part compares the similarities and differences between China's industrial injury insurance compensation and personal compensation and the three competing treatment modes that the author thinks are reasonable.First of all,by sorting out the relevant concepts and legal provisions,to find out the difference between industrial injury compensation and tort liability.Analyze the difference between the two from different angles.Then,draw lessons from the foreign competitive treatment mode,discuss the advantages and disadvantages of the three competing models,and combine the current social and legal development of our country,the rationality of the supplementary model system analysis.The third part,domestic and foreign competition model legislation comparison and China's current judicial relief analysis.First of all,this paper analyzes the legislative provisions of foreign competition model and our country,finds out their advantages and disadvantages by comparing the differences in legislation,draws on the advanced experience of foreign countries,and puts forward some suggestions for improving our legislation according to the national conditions.Then,the author makes a comprehensive analysis of the prevailing concurrent and supplementary models and their rationality,in order to have a clear analysis of the legal provisions and the judicial practice handling mode of the competing problems in our country.The fourth part,on the improvement of China's industrial injury compensation and personal compensation competing solutions.Based on the judicial judgment and practice analysis of industrial injury compensation in our country,this paper analyzes the rationality and concrete application under the treatment of supplementary mode,puts forward how to implement the advance payment of industrial injury compensation,the specific application method of the difference part,and the follow-up recovery system of industrial injury compensation insurance institution.To provide practicalbasis for the improvement of legislation and trial practice to provide personal advice to ensure the implementation of industrial injury compensation.