| The development of modern science and technology make the industrializationprocess accelerated. New technique, new equipment, new technology is widely usedfor increasing productivity, but also lead to industrial accident happened frequently.This situation causes serious consequences to the laborer and unit of choose andemploy persons, may also bring the indelible damage to the sufferer of his physicaland psychological health. How to deal with industrial accident has become a socialproblem, which has raised concern by governments and related departments.In practice, workers are caused by the third party’s tort injury compensation isalso increasing. At this point, the balance of interests between the industrial injuryworker, unit of choose and employ persons, and tortfeasor is particularly important.According to different litigation request, the choice of the two relief system oncompensation for personal injury and industrial injury may lead to the third partyinfringement and industrial injury insurance liability concurrence. This articleexpound the relationship between civil tort compensation and industrial injurycompensation from the characteristics of industrial injury compensation, trying to sortout compensation of industrial injury insurance and tort damages competitionrelations. According to the different countries or areas of legislation pattern, culturaltradition, social system and the application of the judicial habit for thisissue,providing different modes of solution, this paper will make further comparisonand evaluation of the patterns, and analyzes our country current law regulation.On this basis, this paper which is combined with the actual cases, proceednecessary and systematic theoretical analysis on applicable mode of law when civilliability and responsibility of industrial injury insurance exist at the same time underthe situation of the third party tort both of two. This paper expounds the difficultieswhich our country faced with, puts forward to the corresponding solution orsuggestion with our country’s legislation and judicial practice. Trying to establishcomplementary principle which is given priority to both models for infringement bythe third party and chosen supplementary model of employ persons under the tort ofthe application, this paper explore the method to adapt to our country’s situation ofindustrial injury insurance and personal injury compensation exist at the same time. |
