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Study On Industrial Injury Insurance Law System In China

Posted on:2009-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z ZhaoFull Text:PDF
GTID:2166360272471732Subject:Law
Abstract/Summary:PDF Full Text Request
The Industrial Injury Insurance System is the important component of social security systems, which was carried out the earliest and the widest in the world. The Industrial Injury Insurance System has been legislated and recognized by over one hundred countries in the world since the Workers' Disaster Compensation Insurance Act was passed in 1884 in Germany. The Industrial Injury Insurance System has been established at the beginning of 1950s in China. It has played a positive role in ensuring the personal safety of workers and maintaining the social stability since its establishment. However, the primary Industrial Injury Insurance System did not meet the requirements of economic development along with the development of socialist market and further reform of economic systems. Therefore, the Industrial Injury Insurance System has been reformed in China since 1980s. The Test Regulations of Industrial Injury Insurance for Workers in Enterprises was issued by Labour Ministry in 1996. Ordinances of Industrial Injury Insurance was issued by State Council in administrative laws in 2003. These ordinances and regulations have played certain roles in different aspects such as distracting the insurance risk of employers, ensuring the workers, who are injured because of work and occupation, to get medical treatment and economic compensation, facilitating the industrial injury prevention and occupation healing. But it has gradually revealed some incomplete aspects along with the development of social economy. And it influences the further reform of Industrial Injury Insurance System in China and the healthy development of market economy to some extent. Therefore, the dissertation is focusing on the object of study: Ordinances of Industrial Injury Insurance so as to find the concrete problems existing in Industrial Injury Insurance System in China, analyse the key problems and propose the concrete suggestions on the complete Industrial Injury Insurance System.There are five parts in this dissertation:I. General Introduction to Industrial Injury Insurance Act System. The part summarizes the definitions of industrial injury and industrial injury insurance, analyses the law characteristics of industrial injury, lists the basic principles of industrial injury insurance, illustrates the relationship between industrial injury insurance, commercial insurance and medical insurance, and distinguishes the recovery and compensation of industrial injury insurance.II. The Development of Industrial Injury Insurance Act System in foreign countries. The part illustrates the establishment and development of Industrial Injury Insurance Act System in foreign countries, including the development of legislation and types of industrial injury insurance system in foreign countries; and its development tendency.III. The Development of Industrial Injury Insurance Act System in China. The part divides the development of Industrial Injury Insurance Act System in China into three stages. Through introductions to every stage, we can find the progress and existing problems in Industrial Injury Insurance Act System in China.IV. The Existing Problems and Reason Analysis in Industrial Injury Insurance Act System in China. The part illustrates the existing problems in the current system from five aspects and applies the case analysis and comparison to explain the details and points out the reasons.V. Suggestions on Completing Industrial Injury Insurance Act System in China. The part starts from the existing problems in this act system, proceeds with strengthening and protecting the legal rights and interests for injured workers and separately raises five suggestions on completing the act system.
Keywords/Search Tags:Industrial Injury, Industrial Injury Insurance, Commercial Insurance, Compensation of Industrial Injury Insurance, Civil Compensation for Personal Damage
PDF Full Text Request
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