The Applicable of Law and Improvement of Legislation to the Concurrence of Tort Liability for the Third Party and Liability of Work Injury Insurance
Abstract: With the continuous development of China's industrialization process, work accident occurred frequently. In practice, the third party tort caused by the work injury accident treatment in theory and practice have always had a lot of controversy. The supreme people's court of some issues concerning the trial of administrative cases of work injury insurance regulations in article 8 part of resolving the dispute, but there is still a big problem. To balance various interests between the laborer, corporation, the tort feasor and the social security institutions, it is necessary to improve the legislative hierarchy to solve the prob lem, to further improve the legislative purpose of work injury insurance system, and clearly the corresponding processing mechanism in legislation, adhere to the modified in system design“supplementary mode”and“alternative and complementary model”legislative ideas.
Keywords: the Third party tort; Work injury insurance; Concurrence of liability