A Study On The Industrial Injury Indemnification System

With the industrialization degree being increasingly raised, and productive techniques becoming more and more complicated, people suffer from the pains and damages brought by daily increased industrial accidents while they enjoy the material civilization brought by speedily developing productivity .Not only the society stability but also the incumbency employees' production and even the aggression will be affected, unless the benefit of manufacturers will be interfered. Homologous guarantee is provided on the economy and materials to the industrial injured officers and workers. So, either developed countries or developing countries, no matter how different the political, economic and social background of countries are, mostly practice the industrial injury indemnification system at degree to adapt the need of the society and people. The occupation injury is the social problem, the modern industrial society can't avoid and usually take place. How to prevent and help the occupation injured has been the focus paid attention to by lawgivers and legal researchers. However the laws and stipulations of our country regarding industrial injury indemnification are still not perfect, as a result, in many cases, the dealing with industrial injury cases in the judicatory practice presents disorder and disputes.This dissertation, by means of various study methods such as comparison analysis, norm analysis, benefit analysis, and so on, at the angle of forming the industrial injury indemnification system of our country, systematically analyzes and studies the issue relation to how to perfect the industrial injury indemnification system of our country. The text is divided into five chapters: Chapter 1, through the explanation and analysis of the meaning of industrial injury indemnification, the history of the system and its function etc, puts forth effort to argue the necessity to build up the industrial injury indemnification. Chapter 2, starting with the composing important items of the industrial accident, systematically analyzes the legal features and nature of the industrial accident, and puts forth effort to the organization andprocedure that inquiry into industrial accident's affirmation; Chapter 3,on the basis of characteristics of non-fault responsibility principle, analyzes the reasons and historical inevitability of adoption of non-fault responsibility principle for the industrial injury indemnification. Chapter 4 taking the scope of the industrial injury indemnification as the topic argues the rationalities that the officers and workers should acquire. Chapter 5, regarding the operation of the system and fully considering the existing legal resources of industrial injury indemnification of our country, puts forward the speculation to perfect industrial injury indemnification system.