On The Mechanism Of Injury Relief In China And Its Perfection

The frequent industrial accidents become the most difficult problem of our modem society. We should consummate the protect system of the injury on job to meet the society's nee& The article bases on the situations in our country, and traces the origination and the development process of the industrial injury remedial system. The article elaborates the historical development of it from own responsibility, the faulty responsibility, the non- faulty responsibility in civil law area to the employment injury insurance system and the industrial injury insurance system in the social law realm. The industrial injury insurance system which bases on the guarantee of the rights to subsistence and which is established on the social related ideology has become the statute criterions of the protect system of the injury workers in majority countries. Our country is not exceptional. However, there is something wrong with the practice of it. The article comes up with the perfect policy according to the overwhelming problems after analyzing them in detains.The main body of this article contains three chapters except introduction and conclusion.First chapter analyses the historical development of the industrial injuryremedial system. The discussion starts from that in the civil law area in which it contains three stages. They are own responsibility, the faulty responsibility, and the non- faulty responsibility. Whether the employers liability insurance or the social insurance legalities on the employment injury is industrial injury remedial system's socializing tendency. After pointing out the disadvantages of the employer's liability insurance, the article concludes that the industrial injury insurance is the best choice for the injury. The interest satisfaction to the injury workers, dispersing the employer's risk, saving social source makes it popular on earth.Second chapter concentrates on the value-orientation and theoretical foundations of the industrial injury insurance. The text points that the value of the industrial injury insurance lies in coordinating the relationship of the fairness and efficiency, the balance between personal interests and social interests, the society security and the social justice. However, the centre of the industrial injury insurance is its theoretical foundations. Survival right guarantee is considered as its logic basis, and the social related ideology as its guiding idea, the government's control as it's power resource.The third chapter elaborates the problems which accompany the practice of the industrial injury insurance system, then provides the perfecting measures to them, It is the most important part in this article. It contains six sections. Section one describes the situations which exit during carrying out the industrial injury insurance. Section two analyses the criterion of industrial injury thoroughly. Section three discusses on the connected relationship between compensation of industrial injury insurance, industrial prevention and industrial rehabilitation. Section four analyses the relationship between employment injury insurance and tort compensation when they conflict. Section five is about the problems of high risk industry. The last section discusses the measures which are taken to solve the questions about peasant workers' industrial injury insurance.