工伤保险待遇给付与侵权赔偿关系之思考

On the Relationship between Infringement Damages and Social Insurance Payment for Work-related Injury

新近实施的《侵权责任法》和《社会保险法》对工伤事故保险待遇给付与民事侵权赔偿适用关系仍未进行明确规定。在二者关系上,应坚持人身权利完全救济的基本原则,进行补充模式的统一建构。于此基础上,区分责任主体的不同,合理设计求偿程序,将司法成本控制在可能的最低限度内。

Newly implemented Tort Liability Law and Social Insurance Law haven＇t clearly defined the applicable relationship between Infringement damages and social insurance payment for work-related injury. We should adhere to the basic principle of relieving personal right completely and construct unified supplementary mode, based on which, we distinguish between different liability subjects and design reasonable claims procedure in order to reduce judicial cost to the possible minimum.