China's Coal Mining Industry The Need For Compulsory Employer's Liability Insurance And The Feasibility Study

In recent years, there is a lot of hidden danger in security in Chinese coal mining industry, and accidents in the coal industry happen frequently .These accidents not only bring the country and the enterprises loss, but also put the workers and their families into a predicament. If the injured miners can not get adequate compensation in economy and material, they will lose enthusiasm in production, so that the profit of the enterprise is decreased. Most of all, it will affect social stability. Therefore, how to compensate the injured miners is a crucial issue.The author introduced the concept of employers' liability insurance and the role of it briefly. Then the author summarized the development of liability insurance, and analyzed the reason for the slow development of employers' liability insurance in the mining industry. Since there are lots of similarities between employers' liability insurance and industrial injury insurance, the author compared the two in many aspects.The industrial injury insurance and the civil compensation are both the most important means to compensate the injured workers. After getting the industrial injury insurance, do the workers still have the rights to get the civil compensation? This problem relates to the necessity of compulsory employers' liability insurance. Therefore, the author has discussed the relation between industrial injury insurance and civil compensation in this thesis. Currently, there are four ways to deal with the relation between industrial injury insurance and civil compensation, and they are substitution model, alternative model, supplementation model and double model. I prefer supplementation model, and there are legislation and regulations to support this model in our country. In this model, after they get the industrial injury insurance, injured workers can still get the balance. Therefore, industrial injury insurance can not disperse a company's risk completely, and it can not fully protect the interests of injured workers. So employers who have industrial injury insurance need liability insurance too. In addition, this thesis has also analyzed the current security situation in the coal industry, the importance of the liability insurance to the employees and the shortcomings of the industrial injury insurance. Though these analyses the author argued that the compulsory employers' liability insurance in the mining industry is in need.The author believed that the mine workers' self-protection awareness would increase, so that the demand of employers' liability insurance would be gradually increased too. We can learn from other countries' experience to carry out the compulsory employers' liability insurance, and we can also refer to the model of the ongoing compulsory liability insurance of motor vehicles. The Chinese government has already provided support of legislation and policy. So it is feasible to implement the compulsory employers' liability insurance in coal industry. At last, the author put forward some proposals of the operation model on the basis of the experience of the compulsory liability insurance of motor vehicles.