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我国现阶段在处理工伤事故时,关于工伤保险赔偿与民事侵权赔偿之间的适用关系问题,在司法实践中存在不少争议,而现行相关法律却对工伤赔偿的法律适用问题没有做出明确的规定,导致司法实践做法不一,影响了法律的统一性。工伤赔偿不仅涉及私人间的利益,而且涉及到社会稳定与经济的发展,可谓意义重大。目前世界各国在处理上大致形成了四种制度模式:免除模式、选择模式、补充模式和兼得模式。综合各方面,我认为兼得模式是更好的,通过一些制度设计其弊端还是能够克服的。
At the present stage of our country, there is much controversy in the judicial practice concerning the application of the relation between compensation for work-related injury insurance and compensation for civil damages when dealing with work-related accidents. However, the existing relevant laws do not make clear the legal application of work-related injury compensation Provisions, leading to different judicial practices, affecting the unity of the law. Injury compensation involves not only the interests of private individuals, but also social stability and economic development, which are of great significance. At present, all countries in the world have basically formed four system modes in handling: exempt mode, choice mode, supplementary mode and concurrent mode. In all aspects, I think that the mode of both is better and the disadvantages can be overcome through some system design.