| The industrialization progress of mankind's society, at the liberation productivity biggest of in the meantime, because the industrial injury bring of the social pressure and social antinomy is also very outstanding. For the sake of the legal rights of the full protection worker, also for easing management risk of use person's unit, the international community is in succession build up combine perfect industrial injury insurance system.The industrial injury insurance system for alleviates the social pressure and society antinomy that the industrialization bring,protect the rights of the worker and promote safe production etc. aspect, all have aggressive function.The our country promulgated to carry out on February 26th in 1951 《labor the insurance regulation 》 , State Department of January 2nd released in 1953 《labored the insurance regulation some correctionses concerning the People's Republic of China of decision 》 , after announcing to revise in the meantime of 《the labor guaranteed regulation 》 , labored a department to try to go on January 26th in 1953 《the People's Republic of China labored the insurance regulation ordinance correction drafted plan 》 , rule the scope and the treatment of the industrial injury insurance. The above-mentioned series provision made sure some basic principles of the our country industrial injury insurance, establishing an our country the industrial injury insurance law system of foundation.2003 Year April27th promulgation implement in State Department of 《the industrial injury insurance regulation》 made sure the basic principle of the our country industrial accident insurance responsibility processing with the concrete method, this is released in 1951 and revised in 1953 《the labor insurance regulation 》 did the concrete norm industrial accident of to handle for the first time of laws. Because the occurrence of the industrial injury not only is endangered occurrence by the occupation of, also may be in order to using person's unit or the third people's fault result in, if used person's unit and don't provide the labor safety protection measure by law or the third people to the worker that implements the work job carry on the Human body injury to cause the worker harm,satble ,dead etc., The therefore be the an industrial the accident once the take place, the victimize the the officers and the workers is the according to 《the the industrial the injury insurance regulation 》 the of provision, the to bring the up the the industrial injury the insurance indemnification the application with the person's unit, the or according the to the the related provision the of the the infringement behavior the method to the use person's the unit or the third people bring up civil case in court, this becomes a fact that can't get around that puts to be using person's unit and victimizing officers and workers' in front then.The international community usually has four kinds of modes in resolving this problem:Replace mode,have both mode,choose mode and add mode. Before May 1 st in 2004, the our country has no explicit law provision still to this problem.2004The year carries out on May 1st of 《Supreme People's Court concerning take up the Human body indemnity case to apply law some problems of hermeneutic 》 the 12th regulation rule settle:"Should attend the industrial injury insurance to orchestrate by law of use the worker of person's unit, because the industrial accident suffers the Human body damage, worker perhaps its close relative belongs to toward the court of the people claim to undertake the civil case indemnification responsibility with person's unit of, tell it to press 《the industrial injury insurance regulation 》 of the provision handle.Because use person's unit outside of the third people's infringement result in the worker Human body injure, the indemnification right the person request the third people to undertake the civil case indemnification responsibility of, court of the people shouldto support."Although that applied relation to make definitely to the civil case infringement indemnity of the industrial injury insurance indemnification, have stronger instruction to the judicatory fulfillment, should rule to still exist some can company dicuss place, if: Should rule the origin of matter Supreme People's Court to be explain with judicatory of exercise and make, haven't yet ruled definitely for a law of item is explain by the judicatory to take into definitely, whether this way of doing is fitting or not?Contents should rule oneself whether reasonable etc.. The writer hope passes this text and everyone to apply the our country industrial injury insurance indemnification and the civil case infringement indemnity a relation to carry on a study, acquiring larger results on this problem together.
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