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Industrial Injury Damages The Legal System Research

Posted on:2010-10-16Degree:MasterType:Thesis
Country:ChinaCandidate:J HanFull Text:PDF
GTID:2206360272993917Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Accompanied by the industrialized society, work-related injury is the inevitable and frequent social problem in modern society. On one hand, it maintains the workers' right to life; on the other hand it infects the security of nation and the social stability. Therefore, how to prevent and fill the negative influence caused by industrial injury effectively has always been the hot topic of the legislation and Legal Study. Now our country is on the course that economy is growing on high speed. The high ratio of industrial accidents and the serious damage has become a major problem of hindering economic development. So how to prevent and resolve this problem effectively can not be ignored.This paper studies on the legal system of Compensation for damage of industrial injury. And the full text is divided into three chapters.The content of chapter one is about an overview of the legal system Compensation for damage of industrial injury. On the basis of defining the concept of work-related injuries, the author analyses its dual nature of tort attribute and industrial injury. Then the author introduces the history of Compensation for damage of industrial injury briefly, and noting that building a comprehensive help system which is suit for our own national conditions has become an inevitable trend.The second chapter is the review of the current Compensation for damage of industrial injury in our country. This chapter analyses the current application of Compensation for damage of industrial injury in tort law and industrial injury insurance law, at the same time point out the shortcomings of its existence, in order to lay the foundation for later discussion.Chapter three is concerning with how to perfect the legal system of compensation for damage of industrial injury. First, the author analyses the ideas and principles that should be followed during the construction process from the perspective of jurisprudence and law and economics, and points out that our country should focus on justice and efficiency and give full function to the prevention of industrial injury insurance. Secondly, on the basis of studying on the specific model of compensation for damage of industrial injury system in worldwide scope, the author comes to the conclusion that our country should choose added model. Finally, the author gives some suggestions: the action of improving tort compensation for damage of industrial injury can be divided into infringing units and infringing third person. The embodiment of the improving on the legal system of industrial injury insurance constitute of the following four aspects: reforming the rate system, adjusting the proportion of industrial injury insurance fund, improving program settings, broadening the scope of application. The improving of the legal system of Migrant industry damages in high-risk industry embodies on the following aspects. Commercial insurance should be extended to high-risk industry-wide. The injury maintains of migrant worker who is employed in the illegal units should be improved. The calculating standard and dispense mode of the payment of migrant workers' industrial injury should also be improved. And the treatment of disputes in the system of compensation for damage of migrant workers' industrial injury must be bettered.
Keywords/Search Tags:Compensation for damage of industrial injury, civil tort compensation, industrial injury insurance, mode selection, migrant workers
PDF Full Text Request
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