On Employer Liability For Employee Work-related Injuries

State-owned and collective enterprises occupy an absolute predominant position in the past planned economy ages; the industrial injuries are solved according to the labor insurance, and generally not involving the undertaking of infringement duty. But in the transforming market economy system the kinds of industry of individual, partnership, privately owned and rural made business, mining and architecture enterprise's worker construct great majority about several millions of thousands, they do not enjoy the labor insurance, only by infringement behavior to solve the industrial injury. The importance of establishing the system of the employer to compensate the employee for industrial injury is arisen now. However, our country's General Rules of Civil Law in China and other relevant laws including judicatory explanation have some clear and definite provision to it. In the legal circles, the research on it is still weak; this brings many difficulties to the judicial organs to handle the relevant case. So it is urgent to establish the employer-to-employee indemnification system on industrial injury and suitable to the situational development. On these grounds, the writer tries to probe into some theories of employer-to-employee indemnification system on industrial injury by the certain value analysis (so overstep the law) and the solid research. The theories include: character of the employer's duty, namely it is the impinging rights' duty, not contract duty; principles of the employer's returning responsibility, namely it exists the engage relation between the employer and the employee, and the reason of employee's hurt is happened in the scope of implementing principleship and is the enterprise's trouble, and also four important terms of the employer not being dismissed the duty. And also the writer puts forward some constitution of strengthening lawmaking of the employer's principleship, and strives to establish in our country's unified, scientific, normal employer's principleship system, make the employer principleship system really enhance and perfect on the lawmaking.