Problem About Compensation For Personal Injury Of Migrant Workers Under Perspective Of Procedure

Nowadays, building a harmonious society is the theme of the development of our society. Against such background, we should adopt people-oriented principle so as to settle social disputes, resolve social conflicts, stabilize social orders, thus it creates advantageous conditions for a harmonious society. In our country, The abrupt expansion of Township Enterprise (TE), the employment of migrant workers from rural surplus laborers in cites are the highlights of Chinese development. Now, The number of migrant workers are more than 200 million people,which becomes one of the important part of industry workers, being part of the urban social groups. However, migrant workers are still disadvantaged groups in our society because of our traditional views and discrimination against them visible in our policies and regulations for years. For example, a migrant worker family may be reduced to distress once the migrant worker of the family are injured but they can't get convenient, timely, and adequate personal injury compensation. In our country, the law for personal injury compensation is not so complete. On one hand, the procedural laws for the benefit of the migrant workers are established, though it is difficult to operate in practice and moreover, few of the procedural laws can be utilized effectively in legal practice. On the other hand, the characteristics of migrant workers determines that personal injury compensation is a complex issue in that migrant workers is an enormous part of our society, moreover, they have odd jobs or different jobs with high level of risks, in addition, they are mobile. Thus, it is difficult for migrant workers to get reasonable personal injury compensation when they are injured. Due to this reason, we should pay greater attention to the issue of migrant workers'personal injury compensation.. In this thesis, the author, through surveys, researches and study, puts forward the point that it is the purpose of the personal injury compensation legal procedures for migrant workers to get convenient, timely, and adequate personal injury compensation by making good use of the effective and efficient procedures, in view of the characteristics of migrant workers. their jobs and their social status. Now, all the established laws should be obeyed strictly, and better procedural mechanism and reasonable operation methods in practice should be established and completed. And the author deems that for the"blind zone"of such laws, we should modify our legal institutes so as to make it works for the benefit of the disadvantageous group of the migrant workers. Thus the author study in depth about the following mechanism: evidence and witness procedure, Identification of the statutory procedures, exception or special regulations of the court judicial right procedure, legal aid procedure, and"civic procedure first, criminal procedure second"principle, etc. In a word, I hopes that, through my own efforts, some reasonable suggestions and good views can be offered for the happy settlement of migrant workers'personal injury compensation.