| In our country, with the socialist rule of law in the process of ceaseless develop ment, labor relations in a relatively weak laborer rights and interests protection receive s the widespread attention day by day, and the occupation injury continues to grow, work-related accidents have occurred from time to time, occupation disease of shockin g, make the occupation harm accident compensation system gets more and more attent ion from all sectors of society. Protection of laborers’ rights and interests is not only the perfection of the guarantee of human rights in China degree reflect, also can pro mote the development of our country economy, so the occupation injury accident com pensation system imminent.We always adhere to the principle of combining theory and practice, the research in the comprehensive use of literature research, interdisciplinary research method, qual itative analysis, comparison research method, according to law, sociology, management science, economics, from the angle of the present stage of our country, will constitut e the occupation injury accident compensation system the system of industrial injury i nsurance, employer liability for tort system as well as the employer’s liability insuranc e system seventy percent off development history, legal history and current situation o f the in-depth research, especially in the three part of the interface in detail and caref ul analysis, consider the situation, the advantage is complementary, tried to establish a complete set of occupation harm accident compensation system, make the worker in t he face of occupation harm accident, even in the face of occupation harm accident at the same time can be comprehensive, timely, reasonable compensation, this article fro m the employer’s liability in this new perspective, to employers for employees to fulfi11the duties when damage shall be liable for the theoretical tone, clear occupation har m accident compensation system should be to disperse the employer risk, comprehensi ve protection for the purpose of damaged the interests of workers, so as to further de termine The injury insurance system mainly, the employer liability in tort compensatio n system and employer liability insurance payment system as a supplement to the occ upation injury accident compensation system, in this paper, the author through the co mparison of three kinds of compensation system of different nature, different request s cope and compensation for different, three kinds of systems join in order effectively, s o as to achieve perfect our country occupation harm accident compensation system to improve the objective, which is theThe first chapter of this paper the author completed the occupation harm accident compensation system overview, in the first section of occupation harm accident comp ensation system defined in detail the occupation harm accident concept and the charact eristic, pointed out the occupation harm accident and personal injury of different, more hidden and pressing sex, therefore more perfect in our country the occupation harm accident compensation system, which ensure the interests of employees by occupation harm. Back occupation injury accident protection mechanism of the historical evolution, carding system of industrial injury insurance, employer’s liability insurance and employ er of our country tort liability system the relationship between the three, final clear oc cupation harm accident compensation system is to employers for workers to fulfill the duties when damage shall be liable for the academic tone, industrial injury insurance compensation system employer liability for tort, compensation system and employer li ability insurance payment system is to ensure that the employer to bear the liability f or compensation, the staff are fully compensate system, has formed our country occup ation harm accident compensation system of the practice and theory of integrity.Secondly, the second chapter mainly analyzes the present stage of our country oc cupation harm accident compensation system defects, adopted from the point to a plan e, respectively, from our country’s industrial injury insurance compensation system, co mpensation system as well as the employer employer liability in tort liability insurance system current situation and problem proceed with, by comparing the old and new" i ndustrial injury insurance regulations", reading" tort liability law" the relevant employe r liability provisions, combined with the collected data to understand our country insur ance tort liability insurance status, in sufficient positive three in our country a certain degree of development in advance, further analysis of the three in the legislation as w ell as the outstanding problems in the practice, and in the analysis and summarize thr ee in the actual operation of cohesion in question, under occupation after three damag e compensate system should be how to choose, especially the workers in accordance with" byelaw of inductrial injury insurance" to obtain compensation, what also can obt ain a civil tort compensation? Thus summed up the perfect our country occupation har m accident compensation system, the most prominent problem is the three kind of pay ment system orderly connection, the occupation injury accident compensation system o f system sex and operation sex to be strengthened, and on this basis, to start the thir d chapter about our country occupation harm accident compensation system to improve the system discussed the whole.Finally in the third chapter, in order to better improve our occupation harm accid ent compensation system, first of all for industrial injury insurance compensation syste m, compensation system as well as the employer employer liability in tort liability ins urance payment system are perfect, the industrial injury insurance system focusing on the practical aspects of the operation of lifting; employer’s liability system focusing on on legislation perfection, will rise to the legal dimensions of employer liability; empl oyer’s liability insurance system as a commercial insurance, they should pay attention t o giving full play to the government’s administrative guidance.In this chapter fourth focuses on three kinds of payment system for the orderly c onnection, to determine the system of industrial injury insurance, industrial injury insur ance and employer’s liability insurance system of coordinated development of tort liabi lity, employer appropriate supplementary occupation harm accident compensation syste m, between the three organic combination, and take the director, thereby realizing the employer responsibility in the orderly and operation, the main purpose of this paper is to highlight the employer can better realize the responsibility foundation, put forward to perfect occupation harm accident compensation system suggestions and feasible co untermeasures, paper around the injury insurance system of liability for tort compensat ion system, employers and employers liability insurance payment system for the orderl y joins this one centers, in order to achieve the comprehensive protection of the right s and interests of workers and coordinate the interests of different aspects of the obje ctive... |
PDF Full Text Request