Analysis On The Legal Applicability Of Industrial Injury Indemnity

Since the industrialization from human, industrial injury accident has been associated with human production. How to remedy industrial injury worker, theory and practice is an important part of the study of department. From the first people in traditional civil tort scope of seeking remedy, industrial injury is legal relief system from his employers responsibility system, employee to industrial injury insurance system, a form of relief from civil tort relief for various development of institutional change hands broken coexist. In all the methods of social insurance, industrial injury, and ever since the advent of any kind of industrial injury compensation mechanism, it shows the advantage of modern society, thus become the main problem solving industrial injury, it in order to protect the interests of employees, employers, for the purpose of both the interests, become the world universally applicable industrial injury compensation system. At the same time, the industrial injury and characteristics of both civil tort, industrial injury insurance and how to coordinate the relationship between civil tort compensation, the problems need to be solved. At present, in China market, industrialization and urbanization brings the serious situation of industrial injury accident, and how to realize the reasonable remedy protection, maximum damage and balance employee, namely the employer's interests, the enterprises in China's current judicial and legislative border shall examine the key content.The paper has three chapter , The following three aspects of content is expounded : The first chapter. Industrial injury compensation and the evolution of the legal system of compensation. compare in this chapter industrial injury employees of individual responsibility, employers Responsibility system, industrial injury insurance system In the historical process. the conclusion: industrial injury insurance is the best of the responsibility system, and any kind of industrial injury compensation mechanism, compared with the biggest advantage.The second chapter. Industrial injury insurance is the legal system. This section focus on two content. Industrial injury insurance system, in the first question is industrial injury, protect the vulnerable groups, embody fairness, justice values in industrial injury to safeguard system of industrial injury worker's interest is very important. In the aspects of industrial injury insurance of insurance object, subject and international society are compared, and narrow, still in many aspects. This section deals with industrial injury insurance and analysis for the content object. This part of our country's practical attention, using the method of comparison, on the basis of the specific legal system is explored for the economy is still in the stage of China's reform and development in the industrial injury, industrial injury coverage etc. The author puts forward some opinions.The third chapter. relationship of Industrial injury insurance and civil compensation for damage. Industrial injury insurance from civil tort system development, and civil compensation for personal injury compensation system of industrial injury insurance system, and closely, the two system in the settlement of industrial injury accident to solve industrial injury accident is very important. We put industrial injury insurance system and personal compensation system combined, They bring to their respective advantages, Not only real need, but it is possible in theory as well. Based on analyzing related issue, the author of the compensation for damages with industrial injury of the relevant legal applicability was analyzed, and the compensation for personal injury compensation with the applicable laws, attempts, at the same time, the analysis of some concrete ideas.