Research On The Industrial Injury Insurance Legal System Of China

The industrial injury insurance system was originated in Germany and to became very popular in Europe and the United States. In response to occupational injuries in modern society ,it has played an active role and workers after occupational injuries can happen in time for medical treatment and financial compensation, the promotion of a harmonious society. Our industrial injury insurance system is not perfect. Since the regulation on industrial injury insurance has not been implemented long enough, it has more room for improvement. This thesis is dedicated to the topic on the industrial injury insurance legal system, which is made up of four parts.Part one is mainly about the general theory of industrial injury insurance system and gives an industrial injury insurance survey and defines industrial injury and industrial injury insurance. Industrial injury insurance system is a social security mechanism which to ensure that workers and their survivors can be disabled medical services, rehabilitation services, disability compensation and survivor's benefits. The traditional way to compensate workers is economical compensation. But now it is regarded as a kind of compensation mechanism after the accidents with the development of the modern industrial injury insurance. Reduce and control the industrial injury by training enterprises and workers, improved working conditions . Since Germany,Italy,Japan and other countries do the injury insurance prevention work ,it has been a significant reduction in accidents, the effect is extremely obvious. The phenomenon above radically protects the safety and the health of staffs and makes the amount of compensation lower. Injury insurance prevention work was considered a sign of maturity of the system.Part two is about the historical evolution of industrial insurance .This part expounds the development of industrial injury compensation from the fault liability to non-fault liability, and from tort liability to industrial injury insurance. This Part analyses the emergence and development of industrial insurance. The author introduces the characteristics of legalities on industrial injury insurance. The author also makes the conclusion that industrial injury insurance is the signal of social civilization, and is the best responsibility system with which industrial injury problems can be handled. This Part also makes analysis of the lawmaking of industrial injury insurance after the People's Republic of China was built up. Industrial injury insurance system in our country has undergo three stages: establishment, reform and great development. National industrial injury insurance regulations have a great improvement and progress in the scope of application,compensation item,the compensation standard,compensation payments and other aspects of the main provisions of the industrial injury insurance system .we can see that national industrial injury insurance regulations has reached a new stage.Part three examines the reality of industrial injury insurance system and makes an analysis of its problems. The author mainly introduced the realistic condition of our country industrial injury insurance entity system, include the industrial injury insurance to suffer from to protect the scope , industrial injury to affirm the scope and the industrial injury insurance treatments ,and goes on the related good and bad analysis lately, putting forward the related and existing problems.Part four explores the perfection of our industrial injury insurance system. Though with the primary success in reforming the industrial injury insurance system, there still exist some aspects to be improved. Therefore, how to reform the current system and establish a scientific and practical one is still a time-taking task . In this part, the author puts forward concretely conceive, on our industrial injury insurance system on industrial injury insurance's applied scope and definition of industrial injury and industrial injury prevention.