Studies On Issue Of Law For Chinese Employment Injury Insurance

The system of employment injury insurance is an important part of social security system, and it has a great deal to do with the most basic right to life health of the laborer, the social stability and economic development. Therefore, it has always been subjected to world-wide attention. The promulgation of the Rules for Employment Injury Insurance of 2003 marked the rapid development of our country's system of employment injury insurance, in this course we have accumulated a lot of experience, but we also have many issues. For this purpose, the Office of Legal Institutions of the State Council promulgated the Decision (Draft for Soliciting Comments) of the State Council on Amendment of Rules for Employment Injury Insurance on July 24, 2009 to the society and solicited criticisms from all circles, and it evoked great responses. The writer read the above Draft for Soliciting Comments carefully and explicated four aspects of most sharp contradiction in the issues of law for current employment injury insurance by linking the trial practice with theory current status, and he hoped that it would be beneficial to the development of our country's employment injury insurance and amendment of the Rules for Employment Injury Insurance.The system in effect is the object on studies of this writing. This writing makes useful probe by the studies methods including comparable analysis, historical analysis, case analysis and inductive deduction to the issue of law for current employment injury insurance linking practice with trail practice. There are four chapters and more than fifty thousand words in this writing. Chapter 1, An Introduction to Employment Injury Insurance. In this part, the writer not only gives conception definitions of industrial injury and employment injury insurance and probes the basic principles of employment injury insurance, but also elaborates the relationship between the employment injury insurance and employer's liability insurance and the disposition for insurance concurrence of the above two insurances carefully, and elaborates the relationship between the employment injury insurance and motor vehicle traffic accident compulsory liability insurance and the disposition for insurance concurrence of the above two insurances.Chapter 2, Studies on Issue of Law for Holding Industrial Injury. First, in this part the writer gives definition to the labor relation and expounds some special recruitment relation in practice fully. Second, the writer expounds the standard for holding industrial injury, makes careful analysis for the understanding of working time, place and reason, and puts forward that the observation for reason of employment must be made subject to the behavior purpose of the laborer and the relation of cause and effect between the work and accident injury. The writer also gives appraisal and relevant suggestion directly against the cancellation for the provision that the injury suffered from motor vehicle accident on the way of going to work and going off work is determined as industrial injury put forward in this amendment of rules. Third, the writer makes initial probe to the procedures for holding industrial injury especially the issues of jurisdiction and evidence with the case in order to get valuable opinions for the relevant studies.Chapter 3, Studies on Issue of Applicable Relation for Employment Injury Insurance and Civil Compensation. The writer puts the legislative provisions and educational circles'opinion of employment injury insurance and civil compensation applicable relation to order and mainly describes the current judicial practice condition by listing the classical case. And the writer puts forward some operational suggestions for system establishment of employment injury insurance and civil compensation applicable relation on this basis.Chapter 4, Studies on Issue of Dispute Disposition Procedures for Employment Injury Insurance. First the writer introduces the definition, type of employment injury insurance dispute and the legal system of disposition procedures for employment injury insurance dispute in effect in our country, and focuses on elaboration of disposition procedures of administrative dispute for employment injury insurance. Then the write analyzes that the major issue of dispute disposition procedures system for employment injury insurance in effect includes overelaborate procedures and untight connection, and puts forward the relevant reform design and improvement design for system improvement.