Analysis Of Chinese Injury Insurance System And Judicial Practice

With the deepening of social and economic reforms in China, the work injury insurance system established in early 1950s is not suitable for the needs of new development situation. So since the 1980s, China had been adapting reform for its work injury insurance system. The Labor Law of the People's Republic of China, which applies since January 1,1995, has made some stipulations in principle for the work injury insurance system; some further provisions for the system are given in the Trial Procedures for Industrial Injury Insurance for Enterprise Employees, which was promulgated by Labor Department in 1996. However, as a department prescriptive documents, whose contents are relatively principled rather than practical, it is not easy for this Trial Procedures to get use to the further needs of the reform of economic system. Therefore, the Regulation on Work Injury Insurance was formulated by China's State Council in 2003 in the form of administrative regulations and came into force since January 1,2004, to make some improvements in a certain degree for the imperfect places in our insurance and legal system of work injury. A further completion and perfection of our work injury insurance system is performed by the revised Regulation on Work Injury Insuranc since December 20,2010. Along with the establishment and development of itself, China's work injury insurance system has developed from a system with the sole function of compensation into a trinity system, including work injury prevention, compensation and restoration. For a developing country like China, the primary need of injured workers is the compensations for relevant expenses such as treatment and living expenses. Therefore, it becomes urgent and necessary to establish a completed and perfect work injury compensation system.This article, through expounding the concepts of work injury and work injury insurance, discusses the procedure of work injury recognition and process, and analyzes the properties, characteristics, functions, significance and principles of China's work injury insurance system, pointing out its shortcomings. Combined with the advanced experience and practices related to work injury insurance of some developed countries; it further discusses the shortcomings and analyzes the reasons why some enterprises are not joining the work injury insurance and points out the harmful consequences it may result in. Combining with writer's judicial practices in dealing with some cases related to work injury compensation, this article also clearly defines specifically the treatments of workers with injuries of different levels; it dissects theoretical and legal basis in judicial practice related to the damages and work injury compensation caused by torts of the third man and indicates the differences between work injury compensation and damages to employees as well. Taking the revised Regulation on Work Injury Insurance promulgated on December 20,2010 as its study object, this article thoroughly analyzes the questions such as work injury and work injury compensations in our work injury insurance system, and based on the context of the establishment of revised regulations and its contents amended, and combined with writer's judicial practices, the writer makes some suggestions to perfect the work injury insurance system.