| "Migrant worker" is a kind of special groups generated from a serious of historical and realistic factors including Household Registration System, Dual Sector Model, urbanization and so on. On one hand, the migrant workers'identification of "peasant" has been immobilized by Household Registration System, and this role will be passed on to the next generation except for limited number of situations, for example, admitted to the university or army; on the other hand, as China is stepping into the new period of the pushing forward the urbanization and the transformation from dual sector model to "integration", motivated by the countryside surplus labor force and the income gap between urban and rural areas, large numbers of rural migrant workers rushed into cities and employed themselves in Non-agricultural industries with the identification of "peasant". To sum up, rural migrant workers are featured with large quantity, strong liquidity, low level of education and legal consciousness, which determined that they have to be occupied in professionals that require low technical content, large intensity of labor and highly professional risk. So, rural migrant workers'demand for Employment Injury Insurance System is the most pressing.Regrettably, the employment injury protection shared by migrant workers in practice is the least. By 2014, the total number of migrant workers in China has reached 273.95 million, with only 73.62 million people attended Employment Injury Insurance System to be sure, more than 200 million rural migrant workers are still ruled out by this system.Since 2012, the growth rate of participation into Employment Injury Insurance has been exceeded by total growth rate of the number of rural migrant workers, as a result, the total participation rate into Employment Injury Insurance System has maintained less than 30% for years. The reasons leading to current situation are various. On the one hand, it is caused by the problem of system development and planning. Employment Injury Insurance System was built for urban workers at first, for lacking of long-term plan of system construction and employment injury insurance legislation, it failed to offer sufficient protection for rural migrant workers emerged from the new social and economic background. On the other hand, it was caused by the problem of system design and implementation. The complex procedures of applying for treatment of employment injury insurance, the loss of transferring mechanism and the relaxed law enforcement have been the serious bottlenecks which hindered the growth of participation rateinto Employment Injury Insurance System for migrant workers. Despite the issue of <The Notification on Several Opinions for Rural Migrant Workers'Participation into Employment Injury Insurance>,<Opinions on Solving the Problem of RuralMigrant Workers> and other policies enacted by state council have made it legal for rural migrant workers'participation into Employment Injury Insurance, but the fact has proved that the status quo for rural migrant workers is barely satisfactory.Based on this, through a combination of a variety of research methods, this dissertation analyzes the current situation of rural migrant workers'participation into Employment Injury Insurance, the problems and the reasons firstly. Then it puts forward the necessity and feasibility of establishing and perfecting the rural migrant workers'employment injury protection mechanism form the angles of theory and practice, the former includes welfare economics theory, the theory of the right of social citizenship, fairness and justice theory, dual society theory and the theory of state intervention; the latter includes the exploration on the building and reform of employment injury insurance by foreign countries like Germany, Japan, the USA and domestic cities like Guang Zhou, Shang Hai, Bei Jing. Next, this paper analyzes the external environment for building Employment Injury Insurance System, focusing on the relationship between Employment Injury Insurance System and Basic Medical Insurance System, as well as Employers Liability Insurance, Accident Injury Insurance, Tort Liability Compensation, Labor Law and government departments, enterprises, trade unions and rural migrant workers themselves. In the end, this dissertation puts forward several proposals for the building and development of Employment Injury Insurance System from the aspects of the coverage mechanism of system, premium rate mechanism, injury insurance preventive mechanism,injury identification mechanism, labor ability appraisal mechanism, employment injury rehabilitation mechanism, the integration and transferring mechanism.Focusing on rural migrant workers' Employment Injury Insurance System, this dissertation consists of seven chapters, main points of which are as follows:Chapter 1 points out the background of this paper. As an essential part of social security system, the development and improvement of rural migrant workers' Employment Injury Insurance System is the natural outcome of modern society. However, being faced with all kinds of drawbacks, the migrants have to suffer from the dilemma of insufficient security. Analyzing these obstacles and resolving them are right the object of this paper, the goals can be concluded to two aspects. On one hand, the relation among rural migrant workers'Employment Injury Insurance System and social medical insurance system, accident injury insurance system and other systems should be given enough attention. On the other hand, suggestions will be put forward on all the aspects of rural migrant workers'Employment Injury Insurance System, which is the most important task. To make the argument more solid and convincible, this paper concluded many works from scholars at home and abroad on theoccurring, development and reform of Employment Injury Insurance System, based on which the mindset and methods of this research were proposed. At the end of this chapter, the innovation and deficiency of this dissertation are concluded.Chapter 2 is mainly about the definition and interpretation of basic concepts. The first section describes the connotation of rural migrant workers and the reasons they arose, along with thecharacteristics of them like high mobility, low degree of culture and high professional risk; the second section explains the concept of employment injury risk and tht four major principles of employment injury insurance, including mandatory principle, compensation without liability principle, free charge for individual principle and the combination of prevention, conpensation and recovery principle; the third section is officially defined to rural migrant workers' Employment Injury Insurance.Chapter 3 demonstrates the theoretical supports for building Employment Injury Insurance System for rural migrant workers. The theory of the right of social citizenship is the most important one. Being the most crucial and substantial theoretical ground, it should be one of the spirits of enacting laws once the Employment Injury Insurance rises to the legal level. No matter the old welfare economics theory represented by Pigou or the new one represented by Pareto, despite their disagreement with each other, the common ground can be found to address the significance of perfecting the Employment Injury Insurance, especially for the vulnerable groups. Except for theguiding significanceof the theory of fairness and justice, it is also be consistent with the construction of urban and rural social security system which is more sustainable and impartial. What is more, dual society theory and the theory of state intervention are also listed.Chapter 4 features the importance of building and perfecting Employment Injury Insurance System for rural migrant workers from four perspectives including basic civil rights, social reproduction, the integration of city and village, social stability. Then it embarks from the empirical analysis of the present situation of rural migrant workers attending Employment Injury Insurance System, and lists a series of problems including low rates of coverage, the lacking of consciousness of safe production of rural migrant workers and enterprises, the unreasonable standard of treatment, the absence of prevention-compensation-recovery mechanism, the large surplus and low efficiency of the fund of Employment Injury Insurance System, the lag and low execution efficiency of employment injury insurance legislation and the complicated procedures of injury identification mechanism which results in the high cost of safeguarding rights for rural migrant workers. In the end, this paper analyzes the reasons that led to these problems from four perspectives:system, government departments, enterprises and rural migrant workers themselves.Chapter 5 elaborates the exploration on the building and reform of employment injury insurance from foreign countries (Germany, Japan and the USA) and domestic areas (the model of urban workers in Guang Zhou, the model of comprehensive insurance in Shang Hai and the model of preferred employment injury insurance in Bei Jing), aiming at learning valuable experience from them. The experience can be listed as follows:exercising the government' dominant role and perfecting the legislation of Employment Injury Insurance System, carrying out strict law enforcement and clearly distinguishing rewards and punishment, expanding the coverage of Employment Injury Insurance System and safeguarding social fairness, building the prevention-compensation-recovery mechanism for the system.Chapter 6 discusses the external environment for building Employment Injury Insurance System, and it is also the innovation of this dissertation. As is known to us all, any social system, especially for social security system which is closely related to human beings, can never exist and develop solitarily. Therefore, this paper analyzed the legal basis of this system, including Labor Law, Social Insurance Law and IndustrialInjury Insurance Regulations, as well as the relation between Employment Injury Insurance System and Social Medical Insurance System, which are both most pressing for migrant workers and should be distinguished clearly in fact. Besides, the relation with Employers Liability Insurance, Accident Injury Insurance, Tort Liability Compensationand government departments, enterprises, trade unions and rural migrant workers themselves, the connection between Employment Injury Insurance System and labor relation are also analyzed.Chapter 7 is the core part of this dissertation. Namely, the suggestions for building Employment Injury Insurance System are raised. Explicitly, these suggestions are put forward from perspectives as below. Coverage mechanism not only requires that every qualified migrant worker should be covered, but also put forward the "Employer Responsibility System on Project" which trace the migrant workers whenever the Occupational diseases are diagnosed. As for premium rate mechanism, the natural adjusted system which is in line with the actuarial balance should replace the administrative regulation because of its limits. Then, being the basic part of prevention-compensation-recovery mechanism, injury insurance preventive mechanism should be given special focus. What is more, the injury identification mechanism is mainly aimed at dealing with the problems of procrastination and high cost. Moreover, considering the features of migrant workers, the labor ability appraisal mechanism is to offer convenient ways for them. The treatment of industrial injury insurance mechanism is to guarantee that the migrant workerscan achieve compensation timely and sufficiently. In addition, the employment injury rehabilitation mechanism ought to help migrant workers back to labor market from four aspects including medical, educational, vocational social rehabilitation, which is consistent with the modern notification of injury rehabilitation. In the end, the integration and transferring mechanism is proposed to aim at offering employment injury protection for rural migrant workers as sufficient as possible. |
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