Research On Liability Concurrence Of Work Injury Compensation And Tort Compensation In Motor Vehicle Traffic Accidents

According to the statistics of the Traffic Administration Bureau of the Ministry of Public Security,by the end of June 2018,there were 319 million motor vehicles and 180 million private vehicles in China.Behind the data reflects the economic development and social progress of our country,but also contains risks.In recent years,the disputes of motor vehicle traffic accidents encountered by workers on their way to and from work have become one of the hot spots of social concern.When the third party causes workers’ damage and is recognized as work-related injury,the treatment of the concurrence of work-related injury compensation and civil tort compensation has not yet been clearly stipulated in legislation.There are endless disputes on this issue in theory and practice,and so far there is no final conclusion.Therefore,it is of great theoretical and practical significance to study the concurrence of industrial injury compensation and civil damage compensation under the third party’s tort.This study is mainly carried out from four aspects.The first part is an introduction.This paper summarizes the origin and significance of topic selection,the research status at home and abroad,and the writing methods.The second part raises questions.Selecting typical cases in judicial practice and comparing the results of different judgments in similar cases,the theme of this paper is to deal with the concurrence of industrial injury compensation and tort compensation in motor vehicle traffic accidents.It also analyses the reasons for the concurrence of industrial injury compensation and civil tort compensation,the differences between them,and clarifies the characteristics and differences of the two compensation methods.To sort out the central and local legal documents,and analyze the attitude of different levels and regions to the concurrence of industrial injury compensation and civil tort compensation.The third part summarizes the merits and demerits of the four processing modes,namely,the selection mode,the substitution mode,the acquisition mode and the supplementary mode.The fourth part combines the jurisprudence and the national conditions of our country,puts forward the viewpoint of this article: we should not simply recognize or deny the traditional solution model,but consider thelevel of social development and the maximum protection of workers in our country,and apply the "limited double compensation model".For the loss that workers can measure by money,the supplementary mode is applicable to the duplicate part of the two kinds of compensation,which can be obtained by different parts of workers,and the acquisition mode is applicable to the loss that can not be measured by money.In order to make up for the loss of the injured workers as much as possible.