The construction of laws and regulations on the competition between tort compensation and work-related injury insurance under the injury caused by a third party

Abstract

The problem of the competition between tort compensation and work-related injury insurance in the case of third-party injury is due to the different evaluations and norms of the modern relief system for the same damage. In comparative law, there are four legislative models: choice, substitution, both, and supplementation. China's relevant legislation presents the problems of decentralization, principle, contradiction and localization, which aggravates the complexity of the problem. Focusing on the protection of workers' rights and interests, the current situation of China's social development and the original intention of the design of relevant systems, China should adopt a "limited and beneficial model" in dealing with such competition and cooperation issues in the future.