Considerations On How To Complete China' Industrial Injury Compensation System

At the beginning of the article, the author generalizes the basic theories on industrial injury and employment injury insurance (and compensation). After elaborating on the relationship between industrial injury compensation and commercial insurance indemnity, and the relationship between industrial injury compensation and civil compensation, according to judical practice, the author points out the defects of China's current industrial injury compensation system and propounds her suggestions.Research on how to recover the damage brought by industrial injury, especially how to judge the application of civil compensation or commercial insurance indemnity is the highlight of this article. The author suggests that injured employees should maintain the right of civil compensation while the employment injury insurance be taken as the main source of compensation. And the actual loss of injured employees should be taken as the maximum compensation. The author believes that, by practicing the suggestion above, victims' loss could be recovered mostly.At the end of the article, the author gives her suggestions to related legislation, and sets up a claim to applying a supplementary mode.