工伤赔偿中第三人侵权制度分析-法律·民法 劳动法专业论文.docx

Abstract With the development of socialized large scale production, industrial accidents happen more and more frequently, relief of laborer in industrial injury accidents also gradually get attention of the society, whether victims in accidents gets logical and reasonable compensation or not is not only related to the victim himself, but also to the stability of industrial relations, the development of enterprises, the social security system and depth of social stability. Therefore, the way to make sure that injured workers get adequate protection in design of the system is very important. However, in judicial practice, compensation system of the third part tort injury has many gaps and loopholes, and contradictions between different legal departments also exist. This article sets out from a case, which draws out the problems of compensation system of third part tort injury and analyzes it. The full text is divided into five parts. The first part introduces the case by putting forward the issue, led to the reality of the workers compensation of third part tort, and problems of industrial injury compensation and tort compensation in applicable field. Then this paper illustrates the significance and background to of this topic to make a specification, finally confess to the current academic research on this issue and the research methods used in this thesis. The second part firstly make a comparative analysis from angle of value goal, constitutive requirements, principle of imputation seven different aspects of the industrial injury insurance and tort compensation. Under the third infringement cases, the relationship between industrial injury insurance compensation and tort compensation in competing, which form, not simply use special concurrence form of absorption principle, but select principle to solve the two problems of application. All the countries in the world dealing with the problem of accidents, industrial injury insurance and tort compensation for damages