Study On Work-Related Injury Insurance System For Migrant Workers Of China

Migrant workers are special groups in the period of social transition of our country, who have made great contribution to economic and social development. Special occupational identity, strong mobility, low cultural quality and disadvantaged position are typical characteristics of migrant workers. Due to the limitation of social system and their own conditions, migrant workers are inclined to work in such industries as mining, construction, metallurgy and textile. Generally, these industries are featured intensive physical work, poor working environment and much danger, which could easily lead to work accidents and occupational diseases. Plus the lack of adequate risk-sharing mechanisms, migrant workers have become a group that is faced with high risk. The Work-related Injury Insurance Regulations promulgated in 2004 listed migrant workers into the scope of protection, after which Central Government and Department of Labor and Social Security enacted their corresponding regulations successively. The system of migrant workers work-related injury insurance preliminarily takes shape. But on the whole the construction of work-related injury insurance system for the migrant workers is still weak and the implementation effect is not completely satisfying. Taking effective measures to protect rights of migrant workers in the work accidents is closed related to the realization of overall objective of social security system reforms, to the solution of questions concerning the agriculture, countryside and peasants, and especially to the construction of a harmonious socialist society. Its significance needs no expatiation. In this context, this paper studies the work-related injury insurance system for the migrant workers, hoping to make some contribution to the construction of work-related injury insurance system for migrant workers.This paper takes work-related injury insurance system for migrant workers as the research object and is divided into four chapters:Chapter One introduces the basic theory of work-related injury insurance system for migrant workers. This chapter expatiates the connotation of such conceptions as migrant workers, work-related injury insurance and work-related injury insurance for migrant workers firstly, and then analyses the theoretical foundation which includes Theory of Basic Human Rights, Theory of Social Solidarity and Theory of Government Intervention and value orientation of work-related injury insurance system for migrant workers. Chapter Two analyses the current legislative status and defects of work-related injury insurance system for migrant workers. It first coheres the current legislative status of work-related injury insurance for migrant workers, and on this basis analyses the problems and causes of implementing the work-related injury insurance system for migrant workers. The lack of specialized regulations, absence of the "Prevention - Compensation -Rehabilitation" mechanism, unreasonable design of the specific system and the low level of the overall quality of migrant workers resulting in the unsatisfying result of safeguarding the interests of migrant workers in the work-related injury are the major defects of China's current work-related injury insurance for migrant workers.Chapter Three explains relevant legislative and practical experience of foreign countries and the enlightenment. There is no migrant workers group under our country current context abroad, but foreign work-related injuries insurance legislation is more sophisticated. There is a lot of advanced experiences which we should learn from through the process of improving work-related injury insurance system for migrant workers. This chapter firstly introduces the philosophy of "Prevention - Compensation - Rehabilitation", Germany attaches great importance to prevention of work-related injuries and rehabilitation and has accumulated rich experience for reference. Secondly set of foreign work-related injury insurance regulatory agencies and construction of mechanism of injury fee are also worth learning.Chapter Four presents a scheme for improving the system of work-related injury insurance for migrant workers. In view of the questions occurred in the implementation of the current work-related insurance system for migrant workers, according to foreign legislative and practical experience, this chapter proposes the corresponding countermeasures, such as strengthening specialized legislations for the work-related insurance system for migrant workers, establishing a reasonable "Prevention - Compensation - Rehabilitation" mechanism, and optimizing the design of the specific work-related injury insurance system for migrant workers and so on.