工伤事故民事责任研究
发布时间：2018-08-26 17:13
【摘要】：职工执行职务遭受意外伤害或罹患职业病,是工业革命以来的重要社会问题。在现代社会,工伤事故能够引发多种民事责任,而各种民事责任的内容以及各种民事责任之间的关系如何处理,一直是理论和实务部门努力研究、解决的问题,本文分三部分,对此问题做了简要梳理。 第一部分首先从理论和立法上界定职工的概念,其次通过明确工伤事故的构成要件和法定范围界定了工伤事故的内涵和外延,然后解释民事责任的意义,这样逐层界定出工伤事故的民事责任。 第二部分分别叙述了工伤事故引发的四种民事责任。首先是合同责任。由于雇用合同中雇主对职工负有安全照顾义务,发生工伤事故即是雇主未能履行该义务,构成违约责任。其次是侵权责任。工伤事故引发侵权责任适用的归责原则,经历了从过错原则到无过错原则的转变。工伤事故侵权根据侵害来源不同,可分为雇主侵权、同事侵权和第三人侵权三种类型。工伤事故的损害赔偿责任范围最广,包括物质损害和精神损害。再者是商业保险责任。与工伤事故有关的商业保险主要是雇主责任保险和人身意外伤害保险,发生工伤事故后根据保单的规定理赔。最后是社会保险责任。现代国家普遍建立了工伤保险制度,以及时、有效地补偿受害人的损失。我国的工伤保险制度建立时间不长,不能充分保障职工的权益,需要确立预防为主的理念,不断改进制度设计。 第三部分分析了各种民事责任之间的关系。关于合同责任与侵权责任的竞合,现在的通说是两种请求权择一行使。关于侵权责任与商业保险的关系,主要分析了后者对前者的积极影响和消极影响,保险制度并不能完全消灭侵权制度。关于侵权责任和工伤事故保险责任的关系,目前没有统一定论,笔者主张目前应采混合模式,即一般情况下适用替代模式,第三人侵权造成工伤事故的适用补充模式。关于商业保险与社会保险的关系,笔者认为前者为基本保险,后者为次要保险,而由前者负终局性给付义务。
[Abstract]:It is an important social problem for workers to suffer from accidental injury or occupational disease while performing their duties. In modern society, industrial accidents can lead to a variety of civil liability, and the content of various civil liability and how to deal with the relationship between various civil liabilities, has been the theoretical and practical departments to study and solve the problem, this paper is divided into three parts, This problem is briefly combed out. The first part defines the concept of workers in theory and legislation, and then defines the connotation and extension of industrial accidents by clarifying the constituent elements and legal scope of industrial accidents, and then explains the significance of civil liability. In this way, the civil liability of industrial accidents is defined layer by layer. The second part describes four kinds of civil liability caused by industrial accidents. The first is contractual liability. Because the employer has the duty to take care of the employees in the employment contract, the employer fails to fulfill the obligation and constitutes the responsibility of breach of contract. The second is tort liability. The principle of liability for tort caused by industrial accidents has changed from fault principle to no-fault principle. According to the source of infringement, industrial accident tort can be divided into three types: employer tort, colleague tort and third party tort. The damage liability of industrial accidents is the most extensive, including material damage and moral damage. Another is commercial insurance liability. The commercial insurance related to industrial accidents is mainly employer liability insurance and personal accident insurance. Finally, social insurance liability. In modern countries, industrial injury insurance system has been established in order to compensate the victims in time and effectively. The industrial injury insurance system in our country has not been established for a long time, which can not fully protect the rights and interests of workers and staff, so it is necessary to establish the concept of prevention and to improve the design of the system. The third part analyzes the relationship between various kinds of civil liability. As to the concurrence between the contract liability and the tort liability, the current general theory is the exercise of the two kinds of claims. On the relationship between tort liability and commercial insurance, this paper mainly analyzes the positive and negative effects of the latter on the former, and the insurance system can not completely eliminate the tort system. There is no unified conclusion on the relationship between liability for tort and liability for insurance against industrial accidents. The author argues that the mixed mode should be adopted at present, that is, the alternative mode should be applied under general circumstances, and the applicable supplementary mode of the third party's tort should be applied to the injury accident caused by the infringement of the third party. As to the relationship between commercial insurance and social insurance, the author holds that the former is basic insurance, the latter is secondary insurance, and the former bears the obligation of final payment.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.5;D923
本文编号：2205601
[Abstract]:It is an important social problem for workers to suffer from accidental injury or occupational disease while performing their duties. In modern society, industrial accidents can lead to a variety of civil liability, and the content of various civil liability and how to deal with the relationship between various civil liabilities, has been the theoretical and practical departments to study and solve the problem, this paper is divided into three parts, This problem is briefly combed out. The first part defines the concept of workers in theory and legislation, and then defines the connotation and extension of industrial accidents by clarifying the constituent elements and legal scope of industrial accidents, and then explains the significance of civil liability. In this way, the civil liability of industrial accidents is defined layer by layer. The second part describes four kinds of civil liability caused by industrial accidents. The first is contractual liability. Because the employer has the duty to take care of the employees in the employment contract, the employer fails to fulfill the obligation and constitutes the responsibility of breach of contract. The second is tort liability. The principle of liability for tort caused by industrial accidents has changed from fault principle to no-fault principle. According to the source of infringement, industrial accident tort can be divided into three types: employer tort, colleague tort and third party tort. The damage liability of industrial accidents is the most extensive, including material damage and moral damage. Another is commercial insurance liability. The commercial insurance related to industrial accidents is mainly employer liability insurance and personal accident insurance. Finally, social insurance liability. In modern countries, industrial injury insurance system has been established in order to compensate the victims in time and effectively. The industrial injury insurance system in our country has not been established for a long time, which can not fully protect the rights and interests of workers and staff, so it is necessary to establish the concept of prevention and to improve the design of the system. The third part analyzes the relationship between various kinds of civil liability. As to the concurrence between the contract liability and the tort liability, the current general theory is the exercise of the two kinds of claims. On the relationship between tort liability and commercial insurance, this paper mainly analyzes the positive and negative effects of the latter on the former, and the insurance system can not completely eliminate the tort system. There is no unified conclusion on the relationship between liability for tort and liability for insurance against industrial accidents. The author argues that the mixed mode should be adopted at present, that is, the alternative mode should be applied under general circumstances, and the applicable supplementary mode of the third party's tort should be applied to the injury accident caused by the infringement of the third party. As to the relationship between commercial insurance and social insurance, the author holds that the former is basic insurance, the latter is secondary insurance, and the former bears the obligation of final payment.
【学位授予单位】：郑州大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.5;D923
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