Research On Legal System Of Special-Equipment-Accident Compulsory Insurance

With the rapid development of economy and society in our country, the number of special equipments increases substantially, the safety situation of special equipment becomes more and more severe, and the influence in society becomes bad. The contradiction between the rapid development of economy and the safety of special equipment emerges, objectively leads to the change of the external environment of special-equipment-safety supervision. Due to the rapid increase of the number of the units and workers of special equipments'production and use, the pressure of supervision increases, thus human, material and technical resources of special-equipment-safety supervision are hard to meet the needs of the supervisory work, and the traditional special-equipment-safety supervision system faces a great challenge. At the same time, the relief system of special equipment accidents defects at present time in our country, the victims is hard to get timely and effectively treatment. Special-equipment-accident compulsory insurance, which has a function that it can transfer the responsibility of special-equipment relevant units, ensure the victims to timely get the compensation, avoid the accidents, stable social order, is an effective market-based means to assist the social management.This article will explain about the reason and method of the legal system of special-equipment-accident compulsory insurance from four aspects: in the first part, this article discusses from the conception and features of special equipment accident, puts forward to the basic conception and features of special-equipment-accident compulsory insurance, specifically interprets the basic elements, such as policy-holder, insurant, insurance mark. In the second part, through the contrast analysis of the development conditions of the domestic and foreign special equipment liability insurance, this article points out the problems of special equipment liability insurance in our country, such as low insurance rate, different insurance clause, less insurance kinds. In the third part, this article not only analyses completely the grim situation of special equipment safety, points out the defects of the system of special-equipment-safety supervision and the laws and regulations of special-equipment-accident remedy in our country, proves the necessity and feasibility of the construction of legal system of special-equipment-accident compulsory insurance in our country, but also puts forward to its basic idea, legislation style, and legislative principles. In the fourth part, according to the demands in the market of special-equipment-accident compulsory insurance, we should absorb and learn the experience in the construction of legal system of the domestic and foreign similar insurance, establish a set of Chinese characteristic legal system of special-equipment-accident compulsory insurance, and give an advice of system design, about business model, compensation principle, subject, coverage, legal liability,and so on.