Discussion On The Consummation Of Work Injury Insurance System In China

Work Injury Insurance System is an important part of social insurance system, which bring an active effect to the employer when ensuring the cure, healing and life of the work casualty employees and detracting the operation risk arising from the accident industrial. Currently, there is a deep gap between the actual requirement of the economic development and the social effect of Chinese Work Injury Insurance system which runs far away from the original intention of setting up such system. In the judicial practice, the argument never stops due to the lack and conflicts of relevant laws and regulations.This paper will start from the basic conception of work injury insurance system and briefly set forth the historical development of this system and two popular models of work injury insurance in the worldwide. Following, the author prefers to analyzing the historical development of Chinese work injury insurance system based on the Regulation on Work Injury Insurance promulgated by the State Council on April 27, 2003 and relevant laws on work injury insurance and put the emphases on three key disputed issues regarding Chinese current work injury insurance system which are (i) the law application of accident industrial liability and civil tort liability; (ii) Whether or not the employee could claim compensations against the employer based on civil tort liability other than work injury insurance liability in the accident industrial without third party's tort; (iii) Whether or not the Principle of Contributory Negligence could be applied as the liability principle of accident industrial. Regarding the first issue, the author firstly enumerates four models to deal with this issue by other countries with analyzing their advantages and disadvantages and further to list questions to express the conflicts among Chinese relevant laws, regulations and judicial interpretations. Lastly, the author will give a conclusion according to the Interpretation II by the Supreme People's Court on the Trial of Labor Dispute Cases. Regarding the second issue, the author firstly agrees the developed necessity of the replacement of no fault liability of employer by the work injury insurance system. Moreover, based on the attitude of particular analysis on particular problem, the author set forth a creative opinion that the employer shall take the civil supplementary compensation liability besides the work injury insurance liability in case of the intention or significant neglect ion of the employer and the work injury insurance institution could claim compensation against the employer in such case. This model could take the most effect of the punish and prevention function of the work injury insurance system. Meanwhile, to promote the employee to take the care obligation in maximum during the work and certainly decrease the employer's burden, the author states the theoretic possibility of the application of Principle of Contributory Negligence based on the no fault liability principle. Through the abovementioned analysis and discussion, the author bring forward some immature opinions to consummate Chinese work injury insurance system, from which, the author wishes to call others'attention and resonance and resolve relevant issues in the future practice.