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Study Of The Legal Problems Of The Industrial Injury Insurance System In China

Posted on:2005-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:X X HuangFull Text:PDF
GTID:2206360125951807Subject:Law
Abstract/Summary:PDF Full Text Request
Industrial Injury Insurance, as an important system in modem industrial civilization, is that the Nation and the society employ way of legislation to forcefully supply material help such as medical treatment service, life safeguarding, economic compensation to workers and theirs' folks injured because of a contingency or an occupational disease in manufacturing and working.Being an important system to protect worker's benefits and rights, Industrial Injury Insurance has been decided by more than 100 countries since Germany enacted the Labor Disaster Insurance Law. China has also created industrial Injury Insurance system in 1950s.Since its inaction, Industrial Injury Insurance has functioned in protecting labor's lawful rights, reducing worker's fear of disturbance in the rear and promoting the manufacturing development. As the deepgoing of our economic system reformation and the pushing of modern enterprise system, Industrial Injury Insurance system has no longer get in with the demand under the new situation.Since 1980s, the nation has reformed in the field of Industrial Injury Insurance and eventually laid down "Industrial Injury Insurance Regulation" in 2003. This Regulation has get in with the demand of our market economy development and has overcome the imperfect aspects in the old Industrial Injury Insurance law system to some extent. However, due to the inertia of the history and the difficulty in the changing times, there still exists some problems in our current Industrial Injury Insurance law system, which have influenced the deepgoing of our Industrial Injury Insurance law system reformation and the healthy developing of market economy.Therefore, the paper has taken "Industrial Injury Insurance Regulation" as the an object to analyze and teased the concrete problems in Industrial Injury Insurance law system as well as brought the way to solve these problems. The paper is divided into 3 parts:Part one is mainly about the general theory of Industrial Injury Insurance system. Firstly, the author gives a general idea of Industrial Injury Insurancesystem, and then introduces the legal ways compensating the injured workers in different historical periods. Through comparing the existing relieving measures, the author holds the idea that Industrial Injury Insurance is the best one for relieving the employers. In the end, the legislation of Industrial Injury Insurance and its practice in the foreign countries are introduced to benefit our relative system.Part two examines the reality of Industrial Injury Insurance system and makes an analysis of its problems. After comparing the newly enacted "Industrial Injury Insurance Regulation " and the old one, the author approves the creating points of the former on one hand, and on the other hand points out some existing problems and analyzes them one by one.Part three explores the perfection of our Industrial Injury Insurance system. Though with the primary success in reforming the Industrial Injury Insurance system, there still exist some aspects to be improved. Therefore, how to reform the current system and establish a scientific and practical one is still a time-taking task.
Keywords/Search Tags:Industrial
PDF Full Text Request
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