The Study On The Occupational Injury Insurance For New Types Of Employment

The rapid development of new business forms has led to the emergence of new professional groups,mainly including couriers,takeout delivery clerks,online taxi drivers,and online anchors,which has a great promoting effect on solving people’s livelihood,promoting high-quality employment.The fact which can not able to be ingored is that the employment relationship of the new business type breaks through the boundary of the traditional labor-capital relationship,traditional work-related injury insurance system is difficult to continue to apply.the legal mechanism that can be covered for the practitioners of new business types include commercial insurance,traditional industrial injury insurance,the protection methods have their own advantages,however,the disadvantages of which lead to the majority of practitioners suffering from occupational injury and cannot be fully protected.Therefore,based on the protection of laborers’ human rights and the improvement of our social security system,it is necessary to establish an independent new occupational injury protection suitable for labor characteristics.In addition to the introduction and conclusion,this article consists of the following parts.The first part selects typical cases of occupational injury protection for employees in the new industry as the starting point,and analyzes and summarizes the main issues studied in this article,namely,the difficulty of incorporating existing occupational injury protection and the unclear subject of occupational injury protection liability.The second part defines the research object of occupational injury protection,and analyses the occupational injury protection system from two levels of institutional connotation and characteristics,and points out the three theoretical foundations involved in the protection system,including human rights protection theory,occupational risk theory,and government responsibility theory.The third part describes the current situation of the existing occupational injury protection system,that is,the existing protection methods include industrial injury insurance,commercial insurance Civil tort relief and personal responsibility for self-risk,as well as introducing different pilot situations of occupational injury protection systems in different regions,including three situations: inclusive mode,composite mode,and single mode.At the same time,it points out the problems existing in the protection of occupational injury systems for practitioners,including three issues:the linkage between traditional industrial injury insurance and labor relations,the obvious inadequacy of existing system protection,and the effect of pilot projects varies from place to place In response to the solution to the occupational injury protection system,it is advocated to establish a separate occupational injury protection system for new types of employment.The fourth part mainly proposes suggestions for improving the occupational injury insurance,optimizing it from clarifying the basic thinking of the insurance and establishing a separate occupational injury insurance system.In establishing a separate occupational injury insurance,it mainly involves moderately relax the dependence of industrial injury insurance on labor relations,and strengthen the protection of occupational injury for new types of employment and promote replicable and promotable experiences into national legislation are refined to build a complete framework for the study of occupational injury security for new types of employment in this text.