On The Coincidence Of Industrial Injury Insurance Compensation And Tort Compensation

At present,due to the conflict and legal norms of our country the problem of compensation for vulnerabilities resulting in concurrence of industrial injury insurance compensation and tort in an embarrassing situation.At the same time,controversy in theory and practice is not conducive to deal with labor relations,is not conducive to social and economic stability.To fundamentally solve the concurrence of the contradictions and conflicts,China must perfect laws and regulations,the formation of uniform standard,can accurately handle the situation of concurrence of compensation of industrial injury insurance and tort compensation,and ultimately the authority of the judicial fairness and justice,put an end to the decisions of similar cases differences.Industrial injury insurance compensation and tort liability concurrence is a complex legal issue,although there are many studies,but in solving practical problems or difficult to unified standard treatment.I study and analyze the relevant information,we can clearly see that,although the domestic scholars have done a lot of the problems discussed,they are mostly restricted to industrial injury insurance,very few publications analyze this from the view of benefit balance,therefore I try to use the legal knowledge combined with understanding of the status of related practice,learn from foreign advanced model,through case analysis and value analysis and other research methods,the compensation of industrial injury insurance and tort compensation competing system is analyzed from the perspective of interest balance and feasible suggestions.This article will be described in detail through four parts.In the first part,Problem Introduction.Introduce two representative cases and analyze the differences and causes of the two processes.Concrete through the real cases in practice,reflects our country's industrial injury insurance compensation and tort compensatition for the concurrence of the problem,mainly includes the legislative aspects of the problem and the practical aspects of the problem.The second part,Introduce the current legislate and practice situation about this competition question,and elaborate this from two aspects.Through the collation of relevant laws and judicial interpretations,deeply dissect the conflicts and loopholes in the relevant laws.Then,analysis of practice status about the concurrence of China,analyzes from different angles of individual workers and employers,judges,infringers.The third part,learn from the advanced experience.First of all,thoroughly introduce the patterns that fits in other countries,including the alternative mode,select mode,supplementary mode,double model.Secondly,try to point out the advantages and disadvantages of various modes,and try to find the pattern that can be carried out smoothly in our country,which can offer reference for solving the competition question.The fourth part,provide suggestions for the specification of China's industrial injury insurance compensation concurrence of compensation and tort.By analyzing the content above,combining the strength and weakness of all the patterns,Firstly,analysis the suitable for our country's compensation mode as well as the concrete application,find the full protection of the interests of all parties to the processing mode.secondly,discussion on the improvement of relevant legal system.Respectively,from the substantive law and procedural law to provide suggestions for improvement,trying to ensure the effective implementation of the law.