Comparing Study On The Worker's Compensation Law In Germany And China

The worker's compensation is a very important part of social security. This dissertation aims to be a comparison and research of the systems of worker's compensation law both in Germany and China, in order to find general rules of the worker's compensation law and to suggest improvements in the worker's compensation law of China. The methods of combination theory with practice, comparison, history, induction and deduction are have been used in the dissertation. The dissertation compares both of the law systems and brings forward the protection principle as a new theory of worker's compensation law. The dissertation is the first work concerning systematic and comprehensive comparison of the worker's compensation between Germany and China. The comparing study deals with all sides of the worker's compensation, from the history and development to the actual system, from cognizance of causes to legal duty. There's a lot of common ground in both systems. But there are more full-blown theories in the Germanic as in the Chinese system. Therefore the dissertation suggests to use the Germanic theory "wesentliche Bedingung"(essential condition) for cognizance of injuries as work-related accidents. This theory helps to cognize whether the employee was hurt as a result of his job. But in this field there isn't any theory developed in the worker's compensation of China. The dissertation also studies the reformation of China's worker's compensation law. The legislation of the worker's compensation law should be directed by the protection principle. First of all, the prevention must be the most important role in the worker's compensation law. The following idea should be implemented: worker's compensation as an alternative to the tort law should be extended, so that worker's compensation payments to the injured employees are always guaranteed and the employers are free from tort law. This is the most effective protection principle either for employees or for employers. Key words: The worker's compensation is a very important part of social security. This dissertation aims to be a comparison and research of the systems of worker's compensation law both in Germany and China, in order to find general rules of the worker's compensation law and to suggest improvements in the worker's compensation law of China. The methods of combination theory with practice, comparison, history, induction and deduction are have been used in the dissertation. The dissertation compares both of the law systems and brings forward the protection principle as a new theory of worker's compensation law. The dissertation is the first work concerning systematic and comprehensive comparison of the worker's compensation between Germany and China. The comparing study deals with all sides of the worker's compensation, from the history and development to the actual system, from cognizance of causes to legal duty. There's a lot of common ground in both systems. But there are more full-blown theories in the Germanic as in the Chinese system. Therefore the dissertation suggests to use the Germanic theory "wesentliche Bedingung"(essential condition) for cognizance of injuries as work-related accidents. This theory helps to cognize whether the employee was hurt as a result of his job. But in this field there isn't any theory developed in the worker's compensation of China. The dissertation also studies the reformation of China's worker's compensation law. The legislation of the worker's compensation law should be directed by the protection principle. First of all, the prevention must be the most important role in the worker's compensation law. The following idea should be implemented: worker's compensation as an alternative to the tort law should be extended, so that worker's compensation payments to the injured employees are always guaranteed and the employers are free from tort law. This is the most effective protection principle either for employees or for employers.