Research On The Legal System Of Work-related Injury Insurance

Accident at work is not only the lost for the victim workers and the employers, but also for the national power on the gross economy. Injury insurance is a widespread used social insurance system in most countries. It plays the role of guaranteeing timely cure and compensation for employees when they suffer injuries or occupational diseases, diversifying risks of employees and employers, and promoting prevention of accident at work, and then to improve the levels of protecting safe production and management. Injury insurance, as a mandatory social insurance system, has been increasingly valued for its effects of preventing and alleviation of risk of accidents.Establishment of injury insurance in our country can be traced back to about1950s."Labor Insurance Regulations of the People’s Republic of China", which promulgated on February25th1951ended the history of the lack of injury insurance system in our country. In those special years, the protection of employees’ legal rights has played a positive role in the development of economy after the foundation of People’s Republic of China. After the reforming and opening, with the continuous deepening of economic system reformation and the development of overall national economy, the improvement of social insurance system has gradually been put on the agenda. From the early "afterward compensation" to "Trial Measures for Enterprise workers injury insurance" and "Injury Insurance Regulations", occupational injury relief has gradually changed from work injury compensation to work injury insurance, which marks a new stage for injury insurance in our country.The implement of "Injury Insurance Regulations" plays an important role in relief, rehabilitation and prevention of work injury accident of work injury workers. But influenced by its own model and deep development of economy and society, its shortcomings are becoming more and more obvious. There are increasing demands for continuous improvement and modification. This paper puts the newly-modified "Injury Insurance Regulations" as the research object, and analyses the important problems existed in our work injury insurance system, and then puts forward further suggestions. It hopes to be beneficial to the formulation of "Injury Insurance Law" in the future.This paper is divided into four parts:Part One:Brief overview of work injury system. This part introduces the connotation of work injury and also the basic idea of work injury system, the whole historical development of work injury system and The historical development of work injury system in our country.Part Two:Contrast of new and old "Work Injury Regulations". This part mainly introduces the newly-modified "Work Injury Regulations" and the comment of the newly-modified content.Part Three:the existing problems of work injury law system in our country. This part mainly analyses the existing problems of our present work injury insurance system, and interprets the deep reasons.Part Four:The suggestions of improving our work injury insurance law system. Based on the existing problems of our present work injury insurance system and combined with theories and judicial practice, it puts forward sound advice.