工伤补偿与第三人侵权赔偿竞合探讨-法律学专业论文.docx

1 1 2 2 Abstract There will be a concurrence of claims of worker’s compensation and infringement damage compensation, when a labourer injured by a third party’s infringement, which is identified as occupational injury at the same time. There is no related rules about how to deal with such concurrence in the Regulation on Work Injur Insurance. Though the judicial interpretation issued by suprem court and the Social Insurance Law all talk about this issue, they don’t reach a consensus. And there exists long controversy in theory circle about the issue aforesaid, in juridical practice, there also lots of cases which have similar details but different judgments. This paper starts from a real case, combining details of the case with existing theories, comparing with the similar cases at the same time, aiming at reaching a conclusion about whether the application of law in this case is reasonable. Besides introduction and concluding remarks, this paper includes three parts. In the first part, this paper brings out the focus of disputes by retrospecting of the case aforesaid, that is, how to deal with the apply relationship when the claim of worker’s compensation and infringement damage compensation co-happen. when there doesn’t exist a third party in civil infringement, the employer shall undertake the responsibility of compensation, however, as it has a final conclusion about the relation between employer’s liablity and worker’s compensation, this paper will focus on the said issue. The second part shows related regulations of developed countries when dealing with the concurrence, as well as some relevant rules in existing law, adminitrative law and judicial interpretations of our country. At the same time selects some cases of different districts to reflect the discrepancy in legislation and judicial field, for the sake of paving below for solutions, both in theoretical and practical level. The third part is the core part, it analyzes the theoretical modes of scholars f