Study On The Application Of The Concurrence Mode Of Industrial Injury Compensation And Third Party Tort Compensationy

Modern society is a risky society.With the development of economy,the cases of work-related accidents increase year by year,and the work-related accidents caused by the infringement of the third party are also on the rise.For example,the common cases in daily life are the traffic accidents that occur on the way to and from work and are not the main responsibility of the workers or the infringement of the third party in the work.According to relevant laws and regulations,the injured workers can not only claim compensation for industrial injury insurance but also claim compensation for third party tort damage.The claim for industrial injury insurance is based on relevant laws and regulations of industrial injury insurance compensation,and the claim for tort damage compensation is based on legal provisions of tort law.There are only one injury fact but two kinds of legal liabilities,namely,industrial injury insurance payment and personal injury compensation.When these two kinds of legal liabilities concur,how to deal with them is not clear and detailed processing mode at the present stage.This thesis argues that the mode of solving the problem of two kinds of claim cooperation under the third party tort should adopt partial supplement and obtain,which not only conforms to the requirements of human rights guarantee in our country,but also can play the punishment and prevention function of law,balance the interests between labor,employing unit and the third party tort to a certain extent,in fact it is more conducive to social equity and justice.This paper is divided into four parts: the first part,through the method of case analysis,proposes the problems to be studied and the necessity.By studying the labor dispute case of Zeng Shuyou and Chengdu Jianguo Freight Co.,LTD in Sichuan Province and the labor dispute case of East Count Hotel Co.,LTD and Zhang Bo in Gusshi County,Henan Province,different judgments are reached.It is found that different courts in different provinces still have different judgments when dealing with the contesting of work-related injury insurance and personal injury compensation under the third party tort.It is necessary to find ways and methods to solve this problem.The second part mainly summarizes the difference and comparison between industrial injury insurance compensation and personal injury compensation,four solutions and their advantages and disadvantages.The third part mainly discusses the legislation and judicial current situation of industrial injury compensation and third party tort compensation concurrence.It is also the source that causes Chinese similar cases to be inconsistent.At present,our laws,administrative regulations,department regulations and judicial interpretation concurrence the compensation of industrial injury and the third party tort compensation so far have no detailed and exact provisions.Local legislative effectiveness level is relatively low and confused.By summarizing and classifying a large number of cases,the author concludes that the mode of partial supplement part and both in judicial practice is more,which also provides the basis for applicable part supplement part and both in the fourth part.The fourth part is mainly based on national conditions and judicial practice to discuss why we should apply partial supplement part and have both mode,as well as construct part supplement part and have three aspects of mode: First,to classify damage suffered by industrial injury workers;Second,build from entity rules,and last,build from program rules.The entity rules can clearly stipulate that the supplementary mode is applicable to the property damage,the co-acquisition mode is applicable to the non-property damage,and the recourse right system is established in the form of legislation and the scope of recovery is extended to the property damage.In terms of procedural rules,it can be agreed that there is no order of industrial injury insurance compensation and personal injury compensation and whether workers,industrial injury insurance institutions or employers,the third party can participate in the lawsuit at the same time.