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工伤事故是工业社会下较常出现的一类问题,现代社会中工伤损害填补机制逐渐向多元化发展。出现工伤保险和侵权损害赔偿竞合是常见的情况,但对如何处理二者关系有很多争论。本文通过介绍和分析国外各种处理模式,国内的法律规定,就如何处理二者关系合理填补工伤损害提出意见。
Work-related accidents are a common problem in industrial society. In modern society, the mechanism of work-related injuries is gradually diversified. It is a common situation that there is a combination of work-related injury insurance and compensation for damages of infringement. However, there are many controversies about how to handle the relationship between the two. This article introduces and analyzes various foreign processing modes and domestic laws and regulations, and gives opinions on how to handle the relationship between the two and reasonably fill in the injury caused by industrial injury.