China's Relief Work-related Accidents Legal Way

Industrial accidents occurred in the first community social problems, from its origins, industrial injury insurance system and civil damages is inextricably linked to the system, work injury insurance system is the first from the civil compensation system gradually separated, and civil law The "no-fault liability principle", was to address the industrial accident compensation for the damage can be established. In the issue of compensation for work-related injuries, the world has gone through the traditional tort law by one dollar to multi-adjustment mechanism to adjust the mechanism of evolution. Civil compensation insurance for work-related injuries and accidents relief of the two main system, I intend to use the following hours of industrial injury insurance and personal injury compensation and appropriate to deal with the relationship between competing models, for different reasons and responsibility for the accident Put forward their views to deal with.First of all accidents on the concept, scope, nature and classification of the four aspects of discussion on the injury that should be taken into account several factors that work-related injuries.This was followed by work injury insurance system for the history, establishment of industrial injury insurance, "the principle of no-fault liability" on the basis of the theory of infringement liability and injury insurance system to replace the function, start with the industrial injury insurance system to explore the history of industrial injury insurance system and civil compensation system Between the source; from "the principle of no-fault liability" theory, set out to deal with accidents in the industrial injury insurance played a crucial role.Second, from the nature, functions, the principle of attribution of responsibility of the elements, the main responsibility in areas such as analysis of the industrial injury insurance and tort damages the relationship on a "compensation study did not fault" principle is the world's industrial injury insurance in general the principle of attribution; Labor described the injury is intentionally disabled exemptions, force majeure, the accident could not remove the employer's liability. For a single application of the industrial injury insurance and tort compensation for the advantages and disadvantages compared.Once again set out in today's world industrial injury insurance and tort compensation deal with the relationship between the four models to choose that mode of free model, add model, add model. And their analysis of the pros and cons.The last of the four legislative control mode, analysis of China's legislature, as well as the status quo existing problems in the future proposed legislation on industrial injury insurance and compensation for infringement of the relationship between the use of models to deal with added modes and the "unit of the infringement" and "third party infringement" The case put forward concrete triggered by the accident compensation scheme design. Injury insurance included in the scope of application of the treatment of industrial injury insurance, industrial injury insurance are not included in the targets of infringement liability in accordance with the processing, the application of the principle of no-fault liability of employers to be able to build better protection of workers rights and interests of the legal system of relief work-related injuries.