Reconstruction Of The National Industrial Injury Insurance System

The injury insurance system in modern sense, is not only for disabled workers and financial compensation for the death of material assistance, but also promotes safety and reduce accident rates and the incidence of occupational diseases, and use modern means of rehabilitation. Injured a speedy recovery so that the ability to promote their social integration, in a modern social insurance system, insurance has become one of the world's universal social insurance systems. At present, a period of social transition to the background reality of the problems we have raised injury insurance legislation. Both the mechanism and industrial injury insurance system, or insurance coverage and treatment, and the requirements of social and economic development are far apart. Based on the above aspects of the reconstruction work injury insurance system for the study.This paper is divided into three parts.China's industrial injury insurance system is the first part of an overview of our current insurance system, China's industrial injury insurance system in our country and defect analysis expounded on the need for insurance reform. China's industrial injury insurance system was established in the 20th century, the early 1950s. In February 1951 the Democratic People's Republic of the "People's Republic of labor insurance regulations," including the related injury insurance requirements. 1953 AC amendments promulgated the "Labor Insurance Regulations" the same year; the Ministry of Labor has drawn up the "Labor Insurance Regulations" Rules for the Implementation of specific provisions of insurance. , In February 1958 the State Council promulgated the "on the workers. Interim Procedures for handling staff retirement, "and in June 1978 promulgated the" Interim Measures for retired workers resigned ", insurance benefits for work-related injuries has been adjusted twice, raising the standard of insurance benefits. Adjust economic structure and economic interests of polarization and social contradictions and conflict transformation has not only given rise to ideological conflict, but also lead to a more serious problem. China's social and economic re-adjustment in the pattern and process of redistribution of economic interests, ideological conflicts, how to maintain the cohesion of the mainstream ideology, and social reconstruction. This is a practice in the primary stage of socialism, we are facing new problems we have no choice but to seriously consider and study. Meanwhile, economic life, "volatile", made from occupational injuries is the main form of the new changes has emerged, not only use the existing law to its effective control. The reality is constantly changing; we should adapt to the situation, the enactment of such laws make predictive requirements.The second part is the subject of this injury and insurance coverage Mode. Legislation introduced a major study of the theoretical basis for the legislative model, Comparative analysis of the work injury insurance system of their remodeling experiences. In the mode of insurance, industrial injury insurance in the world to implement the country roughly in two modes: a social insurance model another is a model employer liability insurance (from the major contributors to divisions). Before a model for the industrial injury insurance system implemented about two-thirds of the country, they are using public funds to implement. Its industrial insurance funds can be an integral part of the general social insurance funds, it may also be separate. After using a model of a small number of countries. The principle of the responsibility of the employer to set up compensation plans to gradually shift collective responsibility, and the development of national social insurance. But in recent years, some countries have resumed or paid by the employer to provide treatment, will be treated as statutory added. Comparatively speaking, the British model is built on the basis of the welfare state, too heavy a burden, neglecting the social security of their people, the social security system has become negative income compensation. Encourage people to work and not play their positive role to achieve savings. Instead, excessive reliance on the welfare system so that people have the mentality of this phenomenon, it was categorized as "welfare disease." It led to a moral crisis, the government also caused great financial crisis, impact on the country's economic development and competitiveness. Instead, the German model much emphasis on the interaction between social security and market economy, the importance of personal autonomy in social security, the same rights and obligations as embodied the same time, social security measures to operate more efficiently and focus on the social effects of it. British model and the German model inspection. Adapt to a market economy, China has established a social security system and draw great inspiration. Britain can not take our model, but the problem is a crisis and gives us inspiration. That social security should be based on their own economic strength and the need to avoid the "welfare disease" the negative impact. German model can give us more reference; the establishment of a social security must be synchronized with the development of the market economy. In our system design, it should be possible to coordinate the relationship between the market economy and social security. That the relationship between efficiency and fairness, mutual promotion of the role they play, and avoiding the negative impact of canceling each other out, this should be the establishment of a social security system and we deal with the relations between economic development lies. In addition, the German model, the principle of combining rights and obligations. Tripartite Social Security payment and management principles that we can learn from.The third part of the reality of China's industrial injury insurance system analysis and system remodeling ideas. Work injury insurance system is a product of modern society, is a modern legal aspects to the modern legal integration of public and private insurance systems to create features. First, the enactment of the law on industrial injury insurance is a historical necessity, the legislative tasks are arduous, in real life, there is urgent need of legal regulation in the form of administrative regulations when necessary but not a permanent solution, although legal alternative. When the time is ripe, "Industrial Insurance Act" in the drafting of the inevitable scrutiny. Most countries in the world are in a legal form of insurance issued by China when no exception. Secondly, the insurance law is interpreted from the traditional tort law, should be raised to a high degree of awareness of the society. Third, formulated and promulgated the "insurance law" will help raise awareness of the law. Chief contribute to weakening industrial direct intervention, the establishment of mechanisms conducive to social compensation. From expand coverage, that define the scope of the work to establish industrial fund system reform, treatment of injuries, and should establish and improve risk injury rate mechanism raise the cost of five incidents on the Reconstruction of a work injury insurance system concept.