论侵权损害赔偿与工伤保险赔偿的竞合民商法学专业论文.docxVIP

Abstract Abstract 1 1 2 2 With the development of economy in modern society, it is hard to avoid injury accidents. When it happens, it meets the requirements of injury insurance. And it is also an important component of infringement indemnity. So it is critical to balance between them in order to better solve the injury accident compensation problems. This article starts with the relationship between the infringement indemnity and compensation of industrial injury insurance. Considering the specific laws and regulations in our country and the legislation and judicial practice all over the world, this paper puts forward suggestions to improve our countrys law. It is mainly divided into the following four parts: Part one discusses the relationship between infringement indemnity and compensation of industrial injury insurance. Starting with the development of injury accident relief, it talks about the changes from infringement indemnity to insurance indemnity of industrial injury. Tracing back to their historical origins, the connection is summarized as that the industrial injury compensation is separated from infringement indemnity and it was ranked equal with infringement indemnity. Through the comparison and analysis, the paper tries to find out their differences. Based on that, the article analyzes the advantage and disadvantage of both infringement indemnity and industrial injury insurance in solving problems of work accidents. In this way, their functions can be better understood. At last, according to related theories of concurrence; the discussion of infringement indemnity and industrial injury insurance are demonstrated as the two law field s concurrence. Part two is about the current legislative and judicial situation of infringement indemnity and insurance indemnity of industrial injury in our country. There are huge differences between the infringement indemnity and insurance indemnity of industrial injury in regulations and laws. Because of it, the local r