Conflict And Coordination Between Tort Claim Of Traffic Accident And Insurance Claim Of Industrial Injury

Tort Claim of Traffic Accident is regulated by Infringement Law, while Insurance Claim of Industrial Injury is protected by Insurance Law of Industrial Injury and Labor Law. As much difference exists in their philosophical foundation and functional value, they have conflict in application. Therefore, laws and regulations have been made to direct the application. However, regulations and judicial interpretation are far from clear, and the judicial practice does not coincide. There are four typical modes to deal with the conflicts in Comparative Law. According to situations of our nation, Mode of Replacement would be a trend in the future, while the Mode of Distinctive Supplement is the best choose now.This thesis is divided into six chapters as follows:By analyzing some cases, the first chapter point out the problem that conflict exists between tort claim of traffic accident and insurance claim of industrial injury, and judicial practice does not coincide on it. And makes an analysis of causes that result in conflict between the two claims. That is because no definite regulations in legislation regulate the differences between the two claims in their philosophical foundation, imputation principle, main content, relief and so on. The second chapter discusses the merits and demerits of four typical modes by studying the theory foundation of coordinating the conflict between the claims, trying to find some favorable elements. And makes brief investigation on legislation to coordinate the conflict in America, Britain, German, Japan and Taiwan Area, and analyzes the current legislative situation in developed countries. The third chapter reviews the legislative history of coordinating the two claims in our country and inspects the current legislation, as to keep a clear thread and make improvement. Basing on the specific national conditions, to set up a suitable mode by taking reference to favorable elements of foreign legislation and deeply studying the current legislation and academic opinions in our country. The fourth chapter makes a brief summary of the full text and have the conclusion as follows:Mode of Replacement would be a trend in the future, while the Mode of Distinctive Supplement is the best choice now.