Study On The Occupational Damages On Competing Interests

As an important part of China’s social security system, increasing workers ’compensation insurance in the legal practice takes on a wide range of value function,especially for the maintenance of the legitimate rights and interests of workers andprevent, defuse employers labor risks is of great theoretical and practical value. AsChina’s rapid socio-economic and political culture, between work-related injuryinsurance and tort damages system highlights the varying degree of concurrence.when the victim ask for te pay of industrial injury insurance and claim of tort damagesat the same time, can both of them be supported? How to deal with the problem hasplagued the concurrence of both relations theory and practice of law in China.Becauseof the not fully clear unified shortcomings existence to the current legislation in China,the processing into practice can not be in chaos.TO solve this problem,whichprocessing mode should be adopted have been controversial in academic.By analysing the concurrence of industrial injury insurance and tort damages,thisarticle attempts to find out the reasonable solution model of the reality in our countryand the improvement of the legislation part: introduces the papers writingbackground.The main idea of writing this article is:The first chapter,on compensationfor industrial injury insurance and tort damages of competing to make a generalanalysis.Chapter II, by enumerating several processing mode and related legislationabroad,provides a basis for my later discussion of which model should beused.Chapter III,by analysing the existing relevant legislation, identifies thedeficiencies of the existing laws and controversial issues.Chapter IV, based on ourlegal environment, put forward some thought to solve the problem and make somelegislative proposals.