工伤保险赔付与侵权损害赔偿的冲突与协调

长期以来,我国理论界、实务界对工伤保险赔付与普通侵权损害赔偿竞合时的法律适用问题看法不一,相关立法的规定或不够明确具体,或相互抵触,导致司法裁判的标准和依据不够统一,不仅损害了司法的公平与权威,而且难以衡平当事人权益与社会公共利益.文章首先从法理视角分析了工伤保险赔付与普通侵权损害赔偿的性质及相互关系,进而论述了工伤保险赔付与普通侵权损害赔偿竞合时的法律适用模式及其缺陷,最后提出了完善工伤保险赔付与普通侵权损害赔偿冲突解决机制的设想.

Conflict and Coordination of Employment Injury Insurance and Common Infringement Indemnity

People in theoretical and practice field have long differed in their opinions on the problems of application of law when employment injury insurance and common infringement indemnity carry out coopetition.The relevant legislation is either unspecified or mutually exclusive,hence ununified norms and reasons for judicial adjudication,which has not only damaged the judicia just and authority,but also has made it difficult to balance rights of parties and public interests.The article first analyzes the properties and relationships of employment injury insurance and common infringement indemnity,then expounds the applicable pattern of law and its defect in the context of coopetition of employment injury insurance and common infringement indemnity,and finally puts forth the idea of perfecting settlement mechanism of conflict between employment injury insurance and common infringement indemnity.