Research On The Relief System Of The Industrial Accident

Acculturate big production rise after the Industrial Revolution, the machine occupied a predominant position in the production the system, and the person is acted for by the machine. In the production line, the worker suffered disease, wounded and disabled even to die. The universality which acculturates production makes people's existence risk enlargement, and the trouble of the safe production has become a social important problem. Among them, the industrial accident problem is the most outstanding, which not only relates to the personal interests of every labor, but also has imitated relations with social security and national economic development. So many countries in the word pay more attention to the remedies to industrial injury. How to establish a reasonable system of relief of the injury in the industrial accident and adequately guarantee the life of the injury victim well, has already become the point topic of the research. As the latter country on the way to industrialization, our country is in the high incidence season now, and the problem of industrial injury is extremely grave: in according to get high profits, some employers pay no attention to protection for laborers, and laborers are very vulnerable in the market. If we don't solve the relief and prevention of the industry injury, not only have the legal rights of the laborers being infringed, but also will bring tremendous negative effects to the society and our nation. In 2003 < Industrial injury insurance regulation > been enacted country, it established the value and the system of Christian Trinity which is industrial injury prevention, industrial injury indemnification and the industrial injury recover from illness. But real perfect relief of the industrial injury system is a long-term and complicated process, and there are so many new circumstances continuously and new the problem appeared in our realistic life that need to be adjusted and resolved. To current circumstance, there are still a lot of problems in the system of the industrial injury insurance. With the industrial accident occurrence rate and litigation rate soaring year by year, we can see that the industrial injury insurance system can not protect the legal rights of the industrial injury victimizes well and availably. For this, this paper has taken < Industrial Injury Insurance Regulation > as the object to analyze, analyzed the problem of the current insurance system in our country.This paper pays attention to and draws lessons from foreign advanced theories and experience and fastens to our reality. Then use comparative method to induce and Put forward an own related views to the concrete law system at this foundation. This paper is totally divided into four parts, about 37,000 words:Part one is mainly about the general theory of relief of the industrial injury. Firstly, the author make a synopsis to the definition and property of industrial accident, and then introduces the history relief system of the industrial accident subsequently evolution-the development that from the employer infringement responsibility system toward industrial injury insurance, and tallied up international community's general remedies to industrial injury. There are four modes: the mode of election, the mode of replacing, the mode of cumulating, the mode of supplementing. Our country Supreme People's Court vice-director made answer to the reporter about the relationship between the industrial injury insurance and the civil case indemnity. But, he didn't explicit which mode of is our country adoption actually. So the author thinks we need to study completely the relief of the industrial injury system of our country.Part two is about the industrial accident relieve institutional present condition in our country. This part makes general situation about current industrial injury insurance firstly. From our country industrial injury insurance system of establish to reform, and to graveness development, the author makes a synopsis about the lawmaking condition, and introduces the relief system of a current industrial injury from the procedure and the entity of condition. The author point out some blemishes of the current industrial injury insurance system of our country: The lawmaking disunity results in the disunity of judicatory; Tedious succoring procedure would be a disadvantage to protect the victim of the industrial injury; The application scope of object of the industrial injury insurance is too small; The administration's industrial injury affirms has mutually conflict with that of judicatory; The farmer-worker's relief of industrial injury problem is very outstanding; The industrial injury premium accepts to pay not dint. These will cause a series of antinomy and the conflict in the fulfillment.Part three is about the comparison of domestic and international law provision. This part introduced abroad to injure the law provision of succor concerning the industrial injury. The author draws lessons from international law provision which is worthy of our country studying, and introduces currently international last industrial injury insurance system of development trend.Part four is to perfect our country industrial accident law succor system of speculation. Firstly, the author makes a synopsis analysis to the relationship between human body indemnity and the industrial injury insurance. In the author's opinion, in application the law, we should analyze on different circumstance, and apply different succor mode and different rule principle on the responsibility competes gathers and the responsibility superposition. Secondly, although there's great progress and development in the insurance indemnification of our country industrial injury system, there are still some aspects to be improved. The author addressed the problem which is referred in second part, drew lessons from related legal provisions in foreign country that has been introduced in the third part, combined the actual circumstance of our country in the meantime, and put forward some suggestions to perfect the industrial injury insurance system of our country.