Defect Analysis For The Peasant Laborer's Industrial Injury Insurance Law Issues

Since 1970s,China carried out reform and open policy,and the industrialization and urbanization process of China is continually accelerating.The construction of the city and the national economy rapidly developed.A large number of rural labors swarm into the city,becoming a special social group called Peasant Laborer.Peasant Laborer has become an important part of social forces in our country.They make a great contribution for the urban construction,economic development.Although the peasant laborers are working in the cities,because of the long-term effects of the urban and rural household registration system in our country,the peasant laborers are still the rural registered permanent residence who are lack of basic social labor security.Peasant Laborers are engaging in the occupation which is not high demand for knowledge but in high risk coefficient,also will cause industrial injury accident easily.Some employers do not sign labor contracts with peasant workers,and with no industrial injury insurance.When industrial injury happened,the rights and interests of peasant laborers is not guaranteed.China has successively introduced related industrial injury insurance legal system,and has obtained the certain result.But peasant laborers industrial injury happens frequently,and the safeguarding rights is still serious problem that cannot be ignored.There is not time to delay to speed up the establishment and perfection of legal system of peasant laborers industrial injury insurance,to maintain the rights and interests of peasant laborers,to perfect the legal system of industrial injury insurance.With the general thought of putting forward problems,analyzing problems,the problems,this thesis researched the problem of the industrial injury insurance law system issues for the peasant laborers.There are four chapters in the thesis.Chapter 1,is the simple overview for the industrial injury insurance legal system for the peasant laborers,expounds the background,present situation and future development of peasant laborers,and introduces the related concepts of industrial injury insurance legal system.Chapter 2,introduces the current payment situation of the peasant laborers for the industrial injury insurance,as well as the current protection situation of the existing industrial injury insurance legal system for the peasant laborers.Chapter 3,introduces issues of peasant laborers industrial injury insurance in our country,mainly about the condition of the payment of industrial injury insurance,the difficult points for the labor relationship determination of identification for industrial injury,disadvantageous factors to the peasant laborers while labor ability identification,the limitation for prevention and recovery system of industrial injury insurance,both the focus and legal aid is lacking for the peasant laborers.Chapter 4,proposes countermeasure and suggestion for the current issues of peasant laborers'industrial injury insurance that to improve the fraction of coverage for the peasant laborers' industrial injury insurance,to enhance the labor supervising and simplify procedure in the process of industrial injury identification,to perfect the prevention and rehabilitation system of peasant laborers' industrial injury insurance to implement the real work,to perfect the system of social interaction for the industrial injury rights of peasant laborers,to increase the legal assistance to peasant laborers.Hope this thesis can improve the law system for the peasant laborers'industrial injury insurance and it is helpful to safeguard the peasant laborers' own rights and interests.