The Perfection Of The System Of Civil Compensation Of Occupational Diseases In China

Occupational diseases’ civil compensation system is a legal system of civil tortliability which is based on Article59of "Occupational Disease Prevention Law" andrequires the employer to bear the relevant liability of civil law. The Occupational civilcompensation includes three elements: disability compensation, dependents’ livingexpenses and mental solariums. The system will guarantee that patients receive adequatecompensation of occupational diseases. The civil compensation system also hasirreplaceable advantages in terms of the mental damages."Occupational DiseasePrevention Law" Article59is the most important legal basis for the establishment ofoccupational civil compensation system and may be almost the only one. However, due tothe ambiguity of that article and the conflict with "personal injury compensation judicialinterpretation"Article12, the legislation attitude for occupational legislation is not clear,and there are three different understandings in judicial practice about how to calculate civilcompensation. Problems of occupational civil compensation system are:(a) There existscontradictions about whether civil compensation system should be established.(b) There isambiguity about the relationship between civil compensation and occupational injuryinsurance compensation.(c) The responsibility principle of specific occupational civilcompensation is not clear enough.(d)The calculation of occupational civil compensation isnot clear enough. I think we can improve our system of occupational diseases civilcompensation from four aspects (a) Apply in priority of Section59of “OccupationalDisease Prevention Law”.(b) Explain clearly the relationship between civil compensationand occupational injury insurance compensation.(c) Improve the return of civilcompensation of occupational diseases responsibility principle (d) Clearly specifyoccupational civil compensation calculations.