浅析工伤保险补偿与民事侵权赔偿竞合问题

Brief Analysis on the Coopetition between Industrial Injury Insurance Compensation and Civil Tort Indemnity

现代侵权的多元化救济模式导致了工伤保险责任与民事赔偿责任的竞合难题。在评述理论界的相关观点,分析我国现行立法规定的基础上,认为我国应当从工伤保险制度设立的目的和初衷进行考量,并据此提出了以替代模式为主、补充和选择模式为辅的观点。

The contemporary multiple relief modes of tort has led to the eoopetition between industrial in- surance responsibility and civil indemnity responsibility. After commenting on the relevant opinions in aca- demic circle and analzying the contemporary laws and regulations in our country, the article suggests that the problem should be viewed from the perspective of the original setting up goals and intentions of the industrial injury insurance system in our country, accordingly, the idea of taking the substitute mode as the main way, the complementary and selective modes as the supplements are suggested.