China Legislation To Enforce The Employer's Liability Insurance

The insurance of our country has been keeping the momentum thathas grown at top speed all the time since resuming in the eighties. In themeantime, our national economy is developed fast too, but the growthrate of the insurance is far higher than the growth rate of GDP, this hasfully proved the insurance is a rising industry in our country. In 2004,insurance's total assets of our country have already topped 1,000 billionyuan, the premium income was up to 431.8 billion yuan too last year.Guarantee function of the insurance ,the function of fund circulation, thefunctions of social management have already become Guaranteed thedevelopment of our national economy effectively. But since 2003 , aseries of great incidents have appeared in our country's industrialproduction. After the accident happens, the relevant persons liable eitherhide the truth , or shift onto each other, it was the administrative penaltythat is adopted that reported more on the media . The died worker inaccident get no enough civil compensation, social management andrelieve function of insurance do nothing. In the face of the severeproduction situation day by day, on June 5 , 2004, China's insuranceRegulatory Commission and National Safe Production Supervision andAdministration Bureau hosting " China's liability insurance developmentforum " together. The China Insurance Regulatory Commission PresidentWu DingFu emphasizes during the speech: "It is a need ofsocio-economic development to accelerate the development of theliability insurance. Develop the liability insurance, help to safeguard andrealize the basic benefit of the people, help to ensure the orderly functionof national economy, help to safeguard the social stability, favorable toauxiliary social management. "How make employer's liability insuranceas the effective supplement of the social security system, it is a need ofthe legal construction, it is a need of the social economic stability evenmore, is author's initial motive power of studying employer's liabilityinsurance. Employer's liability insurance is a kind of commercial insurance, butthat one is supplemented importantly in the social security system. Ourcountry has stipulated clearly in 《insurance regulations of the industrialinjury 》 implemented formally in January of 2004 all kinds ofenterprises must handle the industrial injury insurance with socialinsurance bureau for their workers , this is that a kind of mandatoryinsurance stipulates , belong to the government guarantee. Because thegovernment ensures needing to give consideration to the guaranteedemand of the society every aspect, the guarantee degree of the industrialinjury insurance is not high, belong to the popularization guarantee of akind of low level. The guarantee degree and range of and employer'sliability insurance are higher than the industrial injury insurance, it is akind of commercialized supplementary guarantee. It is dangerous topopularize employer's responsibility within the range of the wholesociety , can construct by government's ensuring , multi-level socialsecurity system which the employer ensures ensuring making up withindividual with higher speed , alleviate government's problem withoverweight burden. This text passes the definition in law at home and abroad of civilcompensation responsibility correctly, study the deficiency on the liabilityinsurance of relevant legislation of our country , especially the blank onemployer's liability insurance. This text has studied the feasibility ofimplementing employer's liability insurance by force, how to develop andput forward one's own view to employer's liability insurance at present ofour country, social concern that can not be ensured to the just rights ofsome workers at present, have offered one to solve the problem. This text is divided into four chapters altogether, the basic thinkingand structure are arranged as follows: Chapter one " the current situation of the development of employer'sliability insurance is studied at present our country ". Since our countryentered the WTO , liability insurance of...