An Approach to Trial of Concurrence between Insurance Indemnity of Industrial Injury and Third Party Infringement Compensation——On Choosing Partial Compatibility Mode

As to the judgment of cases with respect to insurance indemnity of industrial injury and third party infringement compensation,there are theoretical controversies over choice mode,replacement mode,supplement mode and compatibility mode.No definite provisions regarding this issue can be found in China's relevant laws including Tort Liability Law of the People's Republic of China;the practice circle fails to reach a consensus over legal application of the relation between them;and there is no unified standard for case trial.Public confidence and authority in judicial system is accordingly damaged.To handle the relation between them,it is vital to gain an adequate understanding of the nature of insurance indemnity of industrial injury and third party infringement compensation and to determine the rational equalization point of the interests amid all the parties involved.Besides,the two compensating systems should be differentiated in terms of their characteristics and functions based on the rule of compensating tort damages.The two systems are tackled differently according to the different nature of compensations by adopting partial compatibility mode.