Study Of The Legal System Of Industrial Injury Insurance

The industrial injury insurance, as an important component of thesocial security system, is a compulsory insurance with the function andeffect to prevent and fend off the risk of accidents, which embodies the ideaof fairness and justice of tiuman society. Does not only it relate to thepersonal interests of every laborer, but also it plays a significant role insafeguarding social justice. Along with industrial development, mechanicaloperations put mote risks to laborers during process of manufacture. Ourcountry is on the important stage of developing economy with per capitaGDP of 1000 to 3000 dollars. According to rules of western industrializedcountries economic development and occurred work safety accidents, worksafety accidents always experience increasing accidents season, highincidence season, steady season, and decreased season, but our country is inthe high incidence season now.In our country, the industrial injury problem is extremely grave. In themeantime, the situation of occupational diseases in china is also grave. Ourmarket for jobs has imbalance between employers and laborers, and laborersare very vulnerable in the market. In order to get higher profits, someemployers pay no attention to protection for laborers and reduce necessarysafe-protection equipment. it is essential for the government to set up asound insurance system for the industrial injury to safeguard the life andhealth of the laborers.Our industrial injury insurance system is not perfect.Since the regulation on industrial injury insurance has not been implementedlong enough, it has more room for improvement.This thesis is dedicated to the topic on the industrial injury insurancelegal system, which is made up of five parts.Part one is mainly about the general theory of industrial injuryinsurance system and gives an industrial injury insurance survey, and definesindustrial injury and industrial injury insurance. Part two is about the historical evolution of industrial insurance. Thispart expounds the development of industrial injury compensation from thefault liability to non-fault liability, and from tort liability to industrial injuryinsurance. This part analyses the emergence and development of industrialinsurance. The author introduces the characteristics of legalities on industrialinjury and the basic principles of industrial injury insurance. The authormakes the conclusion that Industrial Injury Insurance is the signal of socialcivilization, and is the best responsibility system with which industrial injuryproblems can be handled. This part also makes an analysis of thelawmaking of industrial injury insurance after the People's Republic ofChina was built up. Industrial Injury Insurance system in our country hasundergone 3 stages: establishment, reform and great development.Part three is the compensation for industrial injury. Because of stayingthe developing stage, it is necessary to emphasis the compensation forindustrial injury. This part first defines it and discusses the components ofthe compensation for industrial injury. Then the paper describes content ofthe industrial injury treatment and thinks that it can be divided into twokinds—person treatment and materiality treatment. Finally the paper analysesrelationships between the industrial injury insurance and civil torts. And onthe basis, of analysis, it talks about the adaptation of laws.Part four is about the most important constituent of the industrial injuryinsurance system, which is prevention of the industrial injury. The traditionalway to compensate workers is economical compensation. But now it isregarded as a kind of compensation mechanism after the accidents with thedevelopment of the modern industrial injury insurance. The phenomenonabove radically protects the safety and the health of staffs and makes theamount of compensation lower.Part five is the advice on how to make the system of industrial injuryinsurance perfect. The legislation of China has no unified regulations as forhow to compensate the victim's injury caused by industrial accident andhow to assort the insurance for industrial injury with compensation for torts. There are conflicts both in the provisions of law and theoretical works. A lotof writings put more attention on the introduction of modes of system whilelacks of the adoption in the current environment. This part puts forward theopinion that the laborer may claim the insurance for industrial injury and tortliability at the same time and may get both of the damages while the medicalfees and the relevant fees with the purpose of compensation should bededucted. The paper strengthens that the function of claim for the tortuousliability is important. This paper proves the reasonableness of the mode bycombining the current national situation and the future development fromthe perspective of striking the balance between the interests of the parties.The practical experience of the modern capitalism countries shows that theprevention of the industrial injury has a direct relationship with thedevelopment of the insurance for industrial injury. In the long ran, it isbeneficial for protecting the interests of and decreasing the damage to theemployees and cutting down the fund payout by setting an active idea ofinsurance for industrial injury, paying more attention on prevention ofindustrial injury. Aiming at the weak points in the prevention of industrialinjury in China, the author advises of forming specific system of industrialinjury prevention and probes into the role of economic measures to preventthe industrial injury.