工伤保险赔偿与侵权损害赔偿法律适用问题分析-民商法学专业论文.docxVIP

万方数据 万方数据 Research on the Application of Industrlal Insurance and Civil Compensation Abstract in modern industrial society, laborer inductrial injury accidents. Inductrial injury accident not only caused great damage to labourers themselves and their family, and at the same time also pose a threat to the harmonious development of society. Realize effective relief for victims of labourers become an urgent problem to solve. Inductrial injury accident happens there are so many ways to relief, two of the most main is the compensation of inductrial injury insurance and tort damages, but on how to handle the relations between the two, on the aspects of theory research in China while more, but have not yet formed a consensus view. In judicial practice, because the law is not clear and not unified, the choice of the applicable across the court on the different opinions, and compensation for the problem on the processing of similar case sometimes appear different referees as a result, this largely influenced the judicial authority and consistency. Discussion of the two problems need to distinguish between the different situation: in suffering from occupational diseases and inductrial injury accident cases caused by the accident, because there is no infringement, wont produce inductrial injury insurance compensation and problems of application of tort damages only if unit of choose and employ persons and the third party infringing copyright happening inductrial injury, inductrial injury insurance compensation is produced with the applicable law of tort compensation problem. Thus, after the happening inductrial injury, how to properly coordinate the relationship between the two, to play the function of all kinds of compensation system is particularly important. Only by reasonable solve various system relations, can effectively ensure the lawful rights and interests of workers, for the stability of labor relations and social and economic development has very important significa