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Research on the Concurrence of Third Party Tort Liability and Inductrial Injury Insurance Liability

Author: ZhaoLiang
Tutor: ChenQing
School: Chongqing University
Course: Legal
Keywords: Third party tort liability Industrial injury insurance Concurrence
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 94
Quote: 0
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Abstract

Advances in modern science and technology, which greatly promoted the process of industrialization, the widespread use of new technologies, new processes, new equipment, improve production efficiency at the same time, also lead to work-related accidents occur frequently, which caused serious consequences to employers of injured workers , a more direct impact on the physical and mental health of injured workers and family life. In practice, there is a third person tort result of the case of work-related accidents. At this point, between the interests of balance employers, injured workers and infringe is particularly important. Relief system, mainly involving tort personal injury compensation system and compensation for work-related injury insurance system. However, based on the different demands and rules of procedure applies to two systems may result in a third party tort liability injury insurance responsibility competing. Different countries or regions different models for this problem, and their respective social systems, legislative mode judicial habits and even cultural traditions fit, which is a focus on the needs in this article. On this basis, the paper of the specific conditions, combined with the basic legal principles, tort law applies in the responsibility and work injury insurance liability competing modes of a third person, the necessary and systematic theoretical analysis, combined with China's legislative judicial practice of the plight facing our country, the ideas or suggestions. The full text of the main part consists of five components: the first part of the typical case leads. This section is basically the same from the two legal relationship with nature, but in the court referee distinct case, the focus of its analysis of the causes of the dispute is a question. The second part of the legal analysis of third party tort liability and injury insurance liability competing. The part of the concept of tort liability and injury insurance liability constitute elements of basic theory elaborate, and start from the basic legal principles of the competing under special conditions and manifestations of tort liability and injury insurance Liabilities Concurrence reveal the third part of the contents to a third party tort liability and injury insurance liability competing to solve pattern comparison and reference. This section by major foreign address comparison and analysis of the mode. Induction, summed up the a useful reference our third party tort liability and injury insurance liability competing to solve. The fourth part of the contents of the status quo of China's third party tort liability and injury insurance liability competing solving model. Analysis of the status quo of our third party tort liability and injury insurance responsibility competing legislative, and judicial practice, the main problems. Fifth part has put forward a competing resolution mechanism of third party tort liability and injury insurance liability. In accordance with the basic principles of system design, resulting in harm to a third person is a work-related injury work unit as a standard of solution patterns in different circumstances be described separately put forward legislative proposals and perfect measures, and feasibility analysis.

Research on the Concurrence of Third Party Tort Liability and Inductrial Injury Insurance Liability

Abstract

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