A Research On The Relief Of Domestic Workers' Industrial Injury And The Related Legal Mechanism

Under the background that the domestic workers are in a difficult circumstance in industrial insurance, the dissertation makes a research on the difficulties of the industrial injury for domestic workers in China from the legal perspective and the characteristics of the domestic workers, and tries to find a solution which suits the situations in China and improve the industrial injury insurance, so as to provide a better protection for the domestic workers and the employment in demostic industry. This dissertation is consisted of four parts:The first part, from discussing the related legal relations, analyses the type and mode of the domestic services and the nature of the legal relations of domestic service. The part through analyzing the types of domestic workers' personal injury and the current compensation system, summarize the damages' compensation mechanism of the types of domestic service, clear the relationships of domestic workers, domestic service organizations and the object of domestic service, and clear the sharing of responsibility.The second part studies the present legislation and the problems of industrial injury for domestic workers in the domestic service. At first, the part summarizes the labor laws and regulations and local industry legislation on the relevant issues. It analyze the reasons that there is not national legislation on domestic service and local industry self-regulation is difficult to regulate domestic service market perfectly. Secondly, it points that the rights of domestic workers industrial injury insurance are in badly need of legal protection.lt is necessary to regulate domestic service industry. From investigating injury insurance status of domestic workers, the part points that domestic workers have been "marginalized" in the social insurance system in China. Depending on the actuality of attending insurance and paying of insurance premium, the second part makes data analysis and analysis of causes of low participating insurance rate. The part summarizes the deficiency of social insurance relief mechanism and the flaw of market management mechanism of domestic service agencies.By combining the practice of domestic workers' injury insurance in the world, the third part absorbs the rational parts of the foreign practice modes and compare with the deficiency of the existing mode about the domestic service insurance. In order to resolve the occupational risks of domestic workers, the part describes some useful attempts on the domestic workers industrial injury insurance in some areas of China. It makes a comprehensive analysis of the problem in industrial injury insurance and summarizes the deficiency of the modes and the reasons of the related issues.Combing the actuality, the forth part makes the suggestion to perfect the injury insurance system. It suggests that the domestic workers should be brought into the injury insurance system. It is necessary to get rid of the concept that "the basic theory of labor relations" is a prerequisite to enjoy the injury insurance. It defines the standard of bringing the domestic workers into the system. The part takes some countermeasure to solve the problem of the insurance expenses when the domestic workers enjoy the injury insurance rights. The part points that the "package" mode of social insurance doesn't suit the domestic workers and the insurance system should be changed. We need to make the design modifications to perfect the industrial injury insurance system. According to the specificity of domestic service, the part takes advice to harmonize with the type of domestic service. According to the different demand levels of domestic workers in the market, the part suggests to take the different operated mode, while, it proposes to perfect the law supporting mechanism, aid mechanism and the related market mechanism.