Research On The Legal Issues Of Private Settlement Of Industrial Injury In China

With the rapid development of the socialist market economy and the labor market,the legal system of industrial injury insurance in China is constantly improving,which effectively guarantees the legitimate rights and interests of workers at work injury.However,in practice,it is not uncommon for workers who have not applied for industrial injury insurance to have industrial injuries.Employers and workers on the basis of their own consideration,often privately negotiated,on the issue of compensation for industrial injuries signed an agreement,that is,private settlement of industrial injury.Although there are advantages and disadvantages to the private settlement of industrial injury,but in the face of private social reality and the social disputes it causes,we cannot ignore it.For this reason,the issue of private settlement of industrial injury has not only caused extensive discussion in the theoretical circle,such as whether it can be privatized after the occurrence of an industrial injury,what the nature of the agreement is,and how to judge the legal effect of the agreement,and so on.Scholars have their own opinions.Moreover,the increasing number of industrial injury private settle disputes,but also aroused the attention of legal practice departments and personnel.However,due to the lack of clarity in the relevant laws and regulations,and the local courts and labor dispute arbitration committees have different understandings of the nature and effectiveness of the agreement on the work-related injury,the situation of different judgments in the same case is very prominent,and the understanding and treatment of the dispute relief procedure are not very unified.Based on such social background and research significance,this paper,on the basis of previous research results,starts from the strict definition of the concept of private settlement of industrial injury,analyzes the legal basis,causes and social value of it.With that,this paper focuses on the legal nature and effectiveness of the agreement.It is considered that the agreement is a special contract that combines the characteristics of labor contracts and civil contracts.The judgment of its effectiveness should be combined with its relationship with the identification of industrial injury and the appraisal of labor capacity,and the specific problems should be analyzed in detail.Then,according to whether the agreement has gone through the procedure of industrial injury identification,this paper divides into two kinds situations,and discusses in detail the relief way of dispute under the framework of the present law.Finally,this paper suggests that,in order to make the court and labor dispute arbitration committee be able to solve the disputes fairly and efficiently,we should not only make clear in legislation the nature of the agreement,the standard and the main body of the validity determination,but also further improve the relief system of industrial injury private settle dispute,such as improving the advance payment system,establishing the examination mechanism,and so on.