工伤保险赔偿与人身损害赔偿竞合下的路径选择-民商法学专业论文.docx

II II THE RIGHT PATTEN OF CONCURRENCE BETWEEN EMPLOYMENT INJURY INSURANCE COMPENSATIONG AND PERSONAL INJURY COMPENSATION ABSTRACT With the concept of the risk society and the welfare country rise up, the world establish the social security system gradually.Social security act, labor law, insurance law and the law of tort constitutes the various relief means to coexist with inductrial injury relief system. Concurrence of inductrial injury insurance and personal injury compensation processing is the core of inductrial injury relief project. Foreign legal science have launched extensive research on that, but rarely involved in legislation in our country, from the legal Angle of view to look at more necessary. In this paper, through the observation of both similarities and differences, draw lessons from a usual theory achievement, for extracting the enlightenment position and clear competition route choice to follow the principle. According to the difference of what is happening inductrial injury, to build a multi-level comprehensive competition path framework, puts forward the unification of the realization of inductrial injury relief mode and related legal systematic countermeasures and Suggestions. Full text is divided into five parts. The first part in a typical case as the breakthrough point, from the competition around the court to deal with differences lead to disputes in this paper.From the relationship of inductrial injury insurance liability and tort liability for competition causes differences and to suffer worker protection. The second part introduces and analyzes a usual mainstream theory, draw areas because finished the social insurance law priority, tort law supplement.Same legal facts, to prevent repeated evaluation of inductrial injury insurance and personal injury compensation claim for compensation for exercise set boundaries. The third part from the perspective of legislative intent to explore the feature comparison of inductrial injury insurance law