| With the development of the industrial revolution,the degree of industrialization has deepened,and more and more enterprises and factories have emerged.This has resulted in more accidents and occupational diseases,and more and more industrial accidents cannot be effectively effective.Dealing with,the contradiction between the infringer and the victim of the industrial accident has been increasing.In order to ease the labor-management relationship and effectively promote social and economic development,a work-related injury insurance system has been created.There are two types of remedies for employees after work-related injuries.One is to treat them as civil torts,that is,to claim compensation from the civil infringer,and the other is to apply for work-related injury insurance compensation according to the work-related injury insurance system.At the same time of different remedies,there was a problem of competing for work injury insurance compensation and civil tort damage compensation.This article explores the study of the problem of co-opetition processing.The introduction part of the article is about the research background,research significance and literature review,and introduces the academic viewpoints of scholars at home and abroad.The body of the article is divided into four parts:The first part elaborates on the compensation for work-related injury insurance and damages for civil torts.The article first expounds the definition of compensation for work-related injury insurance and damages for civil torts,and then distinguishes between legal value,imputation principle,compensation items and standards,and A detailed description of the competition between the two.The second part is the competition mode and enlightenment of compensation for work-related injury insurance and damages for civil torts.The paper analyzes the foreign co-opetition processing mode,analyzes the contents of the four modes of selection,acquisition,substitution and supplementation,and then points out the enlightenment of the co-opetition treatment mode to China.The third part puts forward the co-ordination treatment and deficiency of the compensation for work-related injury insurance and civil tort damage in China,analyzes the different theories and current legislative provisions on the co-opetition treatment in China’s academic circles,and points out the current legislation on the compensation and compensation for compensation for work-related injury insurance and civil tort damage in China.And the lack of judicial practice,the realization of the lack of legislative content and the ambiguity of legislative semantics,the conclusion of the judicial referee is not uniform.In the fourth part,the paper puts forward relevant suggestions on the co-opetition processing mode from both the legislative and judicial aspects.It involves the choice of legislative model,the improvement of legislative level,the clarity of legislative semantics,and the establishment of a work accident prevention mechanism.At the same time,in judicial practice,it pays attention to the application of criminal responsibility in work injury liability and clarifies the convergence of relief procedures. |
