Injury Damage Relief System Studies

Industrial injury is a problem facing the world, and it is the result of industrialization beginning in modern times. Industrial injury does lots of damages and has imitated relations with social security and national economic development. So, many countries in the world and international society pay more attention to the remedies to industrial injury. How to design reasonable systems of relief of industrial injury and adequately put relieves into practice to laborers becomes one of the keys of the research in the field of law. The relief systems of industrial injury experience the course from unitary system to multi-systems. Western social security system, including industrial injury relief system, is more perfect, In China, as the latter country on the way to industrialization, the question of industrial injury increasingly brings more negative effects to society and the country. It is so serious that we must take industrial injury seriously. How to efficiently relieve and prevent industrial injury to the laborers becomes a question demanding prompt solution. Based on the acknowledgements of foreign industrial injury relief system, this article analyses the shortages of China's industrial injury relief systems and gives its own suggestions about how to improve the systems.The introduction of this article introduces the important meanings of the industrial injury relief, asks some questions to industrial injury relief systems in force in China and expresses the research situations and methods. This article is divided into four parts.Part one is about the definition and domain of industrial injury. It introduces the disputes of meanings and legal features of industrial injury. In the end, the definition of industrial injury is given: Industrial injury is personal injuries or occupational injuries happening in the course of labor. There are three judging criterions of industrial injury. They are subjects, laborious relationship and laborious process. Subjects require that laborer is injured; laborious relationship means the relationship between laborers and employers is laborious relationship which is different from employment relation; laborious process connects with the locality, time and reason of work. Reason of work is "related to work", which is the most important standard. At last, this part concludes the domain of industrial injury according to Chinese laws in effect.Part two concentrates on foreign industrial injury relief systems. This part shows the developmental history in accordance with procedure from tort, commercial insurance to social insurance, and analyses the theoretic basis of every system. Through the developmental history, we can understand the social, economic, politic and cultural backgrounds and the relationships among the systems. Therefore, we'll prepare for learning foreign industrial injury relief systems and avoid blindly absorbing them irrespective of China's situations. Furthermore, this part points out the concrete contents of foreign industrial injury systems and relations among them based on systems in force. These have a lot of meanings to China: To design systems on the conditions of China; to protect laborers through multi-systems; to put insurance floating rate into practice; compound functions of industrial injury relief systems; extensive scope of industrial injury promotes human capital markets to grow and maturate; to emphasize rehabilitation and cure, and attach more importance to wounded and disabled employees and help them to return to work positions.Part three discusses the China's history and present conditions of industrial injury relief systems. Through them, we may understand the historical logic of China's industrial injury relief systems in operation and influences on current social situations. Furthermore, countering the questions asked in the introduction of this article, this part discusses the shortages of China's industrial injury relief systems in greater detail. These questions are as follows: disputes about liability-distributed principles of tortious compensations for industrial injury; if a worker's comrade does industrial injury to the worker, should the comrade employee and the employer jointly take responsibility for worker's injury? Whether it is necessary to stipulate that employer's liability insurance is compulsory; In China, the coverage of industrial injury is narrow, protected laborers are less, arbitration procedure as a pre-litigation procedure and limitation of actions increase the costs of litigation, and confine the protective function of industrial injury relief systems. There are questions of relationship between civil tortious compensation for industrial injury and work-related insurance.Part four articulates China's social situations which laborious security faces. China is in the period of transformation and is transferring from self-sufficient or half-self-sufficient product economy to socialism market economy, from agricultural society to industrial society, from rural society to urban society, from homo-characteristic single society to pluralistic society with different nature, from ethical society to society of law. China's laborious security needs resolve those questions brought up by economic globalization, population aging and urbanization of rural areas. According to present conditions in China, promoting industrial injury relief systems should abide by the principle of cooperation, the principle of integration of justice with efficiency, the principle of popularization and the principle of human rights' protection. In the end of this part, this article suggests that China should improve legislation, strengthen legal supervision, enhance the functions of prevention and rehabilitation, and build up work-related insurance system with prevention, insurance (compensation), rehabilitation functions, and reform procedural stipulations of industrial injury. In addition, we should think highly of the functions of workers' unions and families.