The Stduy On The Applicable Relationships Of The Industrial Injury Insurance Compesation And The Tort Damage

Industrial injury insurance compensation is countries toestablish fund of industrial injury insurance, according to the force on theinjury happening industrial injury, the industrial injury worker theeconomic compensation from a social security system. From itsdevelopment course, through the tort compensation for damages to theemployer liability without fault phase, to the stage of industrial injuryinsurance. And in terms of industrial injury insurance itself, and it ismandatory relief of worker of industrial injury, with the traditional tortphase and become a worker of industrial injury compensation for damageof common relief way. For work-related injury insurance compensationand tort damage compensation applicable, traditionally have a choicemodel, both pattern and supplement with four relief patterns, theindustrial injury insurance compensation and tort compensation relationsmade different provisions shall be applicable, influence for the development of the relationship between them. But is only applicable tostatus quo of the current all countries in the world, it not only exists intheory, but there are differences in legislation. Is the current our countryapply to industrial injury insurance and tort relationship, in the "byelawof industrial injury insurance","production safety law" and "occupationaldisease prevention law" and other laws and regulations in the differentregulation, industrial injury insurance compensation exist in the judicialpractice and the plight of tort damage compensation applicable. As aresult, this article from the work-related injury insurance compensationand tort compensation according to the relationship of the analysis oftraditional applicable mode at the same time, to our country industrialinjury insurance compensation and tort compensation suitable presentsituation analysis, put forward the problems, thus put forward our countrymode of application of industrial injury insurance and tort damages so asto promote the protection of workers’ rights and interests, realize thebalance of the interests of both sides of Labor and capital.Specifically, the article will be divided into the following several parts to analyze it, to clarify the industrial injury accident tort damagesrelated ideas: first, the industrial injury accident tort compensation is usedas a focus of current research, based on the analysis of industrial injuryaccident tort compensation mode to introduce the basic situation, lead toindustrial injury insurance compensation and tort compensation for theapplicable mode. Secondly, on the basis of above introduction putforward, from the essential connotation of industrial injury insurancecompensation and tort compensation, on the relationship between theindustrial injury insurance compensation and tort compensation isanalyzed, put forward as a kind of industrial injury accidentcompensation, industrial injury insurance is a kind of substantialcompensation. Industrial injury insurance compensation and tortcompensation is essentially a parallel relationship, namely when theworker of industrial injury accident damage to both can apply at the sametime; But due to balance the needs of the interests of both sides of Laborand capital, the law of the substantial balance shall be corrected and whenunit of choose and employ persons as infringement should be used instead of the model. Again, industrial injury insurance compensation andtort compensation for the use of patterns as the focus of industrial injuryaccident compensation research, traditional scholar’s research mainly hasthe choice of mode, supplementary mode, have it all, from four. Detailedanalysis of these four patterns, this paper put forward its own connotationand advantages and disadvantages, to later industrial injury accident tortcompensation in our country provide essential reference evidence for theselection of related patterns. Multiple times, the improvement of thesystem must be based on the analysis of the problems, the article embarksfrom the industrial injury accident compensation for the actual cases, inour current industrial injury accident tort compensation based on theanalysis of the applicable model, put forward industrial injury accidentcompensation for problems existing in the system in our country, topromote the system of the night. Among them, in the context of ourcurrent laws and regulations, it not only exist in application of the modelof chaos is not clear, and there is the interpretation of the specification aswell, to be addressed in future research, so as to promote the perfection of the system. Finally, the article on the basis of above analysis, from theindustrial injury insurance compensation and tort compensation forrelationship building, the basic principle of industrial injury accident tortfor the improvement of the system to explore, to promote the balance ofthe interests of both sides of Labor and capital. Among them, the paperon the tendency of different interests based on the analysis of the choiceof mode, proposed our country should set out from the background of theindustrial injury accident, infringement and infringement of a third personto unit of choose and employ persons industrial injury accidentcompensation for building respectively, so as to promote the systemsuitable to our country.In general, the article in the current mode based on the analysis ofthe industrial injury accident infringement, industrial injury accident tortin China is applicable model should be from the unit of choose andemploy persons infringement and infringement of a third person to buildtwo Angle, at the same time to carry on the consummation to otherproblems of the system, so as to realize of industrial injury insurance compensation and tort damages applicable relationship betweenrationalization and justification, in order to promote the harmony of laborrelations.