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工伤赔偿救济从一元制向二元制发展,形成了工伤保险赔偿与侵权赔偿并存的局面。现行法律却对工伤赔偿法律适用问题没有作出明确的规定,司法实践适用不一,严重影响了法律的统一性。在私法和社会法适用并存时,应在兼顾公平合理的基础上,树立以社会法优先适用的立法理念和司法理念,工伤赔偿采用补充模式不失为一种合理的选择,在最大限度内使劳动者的合法权益真正得到实现。
Work-related injury compensation relief from the dual system to the development of a dual system, formed a work-injury insurance compensation and tort compensation co-exist situation. However, the current law does not make any explicit stipulations on the application of the law on compensation for work-related injury, and the judicial practice is different, which seriously affects the uniformity of law. In the coexistence of private law and social law, it is necessary to establish a legislative concept and judicial concept that are preferentially applicable to social law on the basis of fairness and reasonableness. It is a reasonable choice to adopt the supplementary mode of work-related injury compensation to maximize the benefits of laborers The legitimate rights and interests of the real.