On The Employees' Compensation In China's Legal System Perfect

With the accelerating process of industrialization and increasingly complex process of production, people enjoy the material benefits brought by the technological innovation, while they also suffer the pain from the industrial injury. Under such state if the injured works can not be given the material protection, not only will the recovery of their labor ability be affected, but also their enthusiasm to the work will be dampened. Moreover, the works will impede the normal operation of the employing unit and affect social stability and unity. Therefore, no matter the differences exist among countries' political system, economic power and cultural background; most countries have established an appropriate injured working compensation system in order to adapt with the economic and social development. Industrial disaster is an inevitable social problem in industrial society, thus how to offer a reasonable compensation to injured workers has always been an argumentative topic to concern by legislators, judiciaries and jurisprudent. Due to the present legislation of compensation for industrial injury is immature, therefore, when faced with different cases about the industrial injury, the solution to them is quite different in the judicial practice.Based on China's current situation, through the comparative and historical analysis, the thesis generally discussed how to establish a perfect system of Compensation for Industrial Injury. To realize this goal, it further put forward the theoretical suggestions and countermeasures about injury compensation based on the analysis about the entities and procedures. The paper is divided into four parts, and the main contents and views are as follows:Part one expounds the theoretical issues about compensation for industrial injury, and comparatively analyzes the concepts and features of Industrial Injury Compensation and Industrial Injury Insurance. In addition, it defines the concept of industrial injury ground on the purpose to establish the Industrial Injury Insurance system. Based on the analysis about the concepts of compensation and indemnity, the paper points out that it is necessary to distinguish industrial injury compensation and indemnity in order to keep the unity of present law, but in the long run, there is no need to apply them to different relief ways and pay standards through distinguish these two concepts purposely.Part two introduces the development of Industrial Injury Compensation Law and makes a comment. The paper briefly outlines the developmental process of law of compensation for industrial injury and analyzes it from three perspectives, namely compensation treatments, relief procedures and relief models. The industrial injury insurance system of our country has undergone several flexural stages, which includes the industrial injury of society insurance, industrial injury of enterprise insurance and industrial injury of society insurance. On the aspect of industrial injury insurance treatment, due to the payment of fund is lower and the heavy burden of enterprise, it is not conducive to disperse the risk of business operation. In terms of setting up the disability subsidy, the lower one-time disability allowance appears short. On the aspect of the death allowance, due to the dependent relatives'life expectancy and number are not given fully consideration, accordingly, there is an obvious disparity in the security level. In terms of procedure, there are several defects to affect. injury workers to get the sufficient and timely relief such as the. cumbersome procedures, time-consumption and paper submission and so on. And on the side of relief patterns, as the indeterminate law existing, the different results in the similar case have been presented.Part three compare the foreigner legal systems of Industrial Injury Compensation and probe the enlightenment to us. This article analyze the Industrial Injury Insurance System which covers the available scope, the treatment, the procedure of the Industrial Injury Compensation and so forth in Germany, British, America, Japan and Singapore respectively. It is found that although the entity and the procedure of the Regulations on Industrial Injury Insurance have been amended furthermore in 2010, when compared with those of the abroad, the flaws including the narrow scope, inferior treatment, few items of compensation and the shortage of prevention and professional rehabilitation, heavy burden of the employing units, much time-consumption of the procedure of rescue, complex processes and the otherwise defects still exist.Part four propose the suggestions about how to improve the Legal Systems of Industrial Injury Compensation in China. According to the analysis of the flaws of the Legal Systems of Industrial Injury Compensation, the suggestions are as follows: Through confirming the physical conditions of the injured by the practical situations and increasing the disposable invalidity allowance. Concerning the amount of the relatives of the injured who dead in the industrial casualties and paying different levels allowances for them with the aim of achieving the impartiality; the Fund of the Industrial Insurance is responsible for the charge of the industrial injure, the wage in the suspension of work and the subsidy for the injure, reducing the managing risk of the employing unit by implementing the Legal Systems of the Industrial Insurance; Establish the institution for the Industrial Injure Report in the employing unit and simplify the procedures in qualifying the general Industrial Injure cases, which is only applied to the resolve of the divergence about the confirmation of the Industrial Injure between the employing unit and the laborers; shorten the time of diagnosis and identification of the occupational disease and softening the applying terms; the Industrial Injury accident caused by the mistake of the employing unit requires the "substitutive pattern" when it is negligently done, and the "complementary pattern" presents when it is gravely or deliberately done respectively; if the industrial injury was caused by neither employing unit nor workers or the infringers can not be verified or who haven't ability to pay for the compensation, on such occasion, the Industrial Injury Fund will pay for the compensation and later it has the right to demand the compensation from the infringers.