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Study On Industrial Injury Insurance Law System In China

Posted on:2012-01-18Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y LiuFull Text:PDF
GTID:2216330338962357Subject:Constitution and Administrative Law
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The industrial injury insurance legal system is not only the product of modern industry civilization, but also is the Manifestation of human rights receives the unprecedented respect. As the important component of social security, it relates to each human'rights questions and so on worker's survival, development right. It also affect social stable and state economy development.The industry civilization's evolution, the machine production replaced the traditional handicraft industry, the industrial accident has also presented the tendency which stayed at a high level, all countries of the world try to seek the balance point between the economy development and prevetion of the industrial injury, the Industrial Injury Insurance System has been established and recognized by all countries of the world since the "Workers'Disaster Law of insurance" act was passed in 1884 in Germany, In 1951,The industrial injury insurance system of our country bagan to build,however,because of the late starting, as well as the economy, politics and so on various factor's influence, compared with the developed country, The present industrial injury insurance legal system of our country still has some deficiencies. For examble, industrial injury insurance's insured rate is low, compensation for industrial injury is low, there are many dispute about The indusdrial injury affirms, rehabilitant of the industrial injury limits in the medical recover. Prevention measure of the indusdrial injury has not be carried out completely and so on. Therefore,all sorts of problem about industrial injury insurance need us to study earnestly and explore. The dissertation focus on discussing the problem which exists on our country industrial injury insurance legal system and propose the simple sugg-estions on the complete industrial injury insurance legal system. there are three parts in the disertation.The first part made theoretical analysis to the industrial injury insurance. The article defined the industrial injury first, then has analyzed the industrial injury insurance separately from longitudinal and the crosswise angle. The crosswise aspect mainly elaborated from industrial injury insurance's evolution history that the longitudinal aspect focuses on the domestic and foreign industrial injuryinsurance law system exhibition's comparison. at last, analyzed general character and the lightenment for our countryThe second part has analyzed the problems that exist in our country industrial injury insurance legal system. At present, the main problems our country industrial injury insurance legal regime face are:First, the injury on job preventive measure had still not obtained carries out fully; Second, injury on job recovery pattern backwardness and the sources of fund are unitary; Third, the suitable question between compensation for industrial injury and the civil compensation and the suitable question of some peculiar circumstances; Fourth, standard and procedure of indusdrial injury affirms insufficient standard。The third part is the advice on how to make the system of industrial injury insurance perfect. This part analyzes several subject matters which exists in indusdrial injury insurance system,.then, propose some views and some suggestions for how to consummate our country indusdrial injury insurance system:First, establishes the special management organization for prevention of the indusdrial injury, strengthens carries out the measures which prevent the indusdrial injury; Second, improves the treatment of indusdrial injury; Third, the standard standard and the procedure.of The indusdrial injury affirms.
Keywords/Search Tags:The indusdrial injury insurance, Prevention of the indusdrial injury, rehabilitant of the industrial injury, compensation for industrial injury, The indusdrial injury affirms
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