Injury Damages Research

In modern society, the people gather at place joint labors and so on the factory, mine, construction site. The machine become the main production tool. the worker and the machine relations intriguing, many work posts need to contact virulent, the deleterious substance, the cause accident injury, the accident injury andoccupational disease increase, the harm consequence is serious. How receives loses compensates, already became the extremely serious social question. Therefore, how provide reliefs the injury on job to harm effectively, protects the worker legitimate rights and interests, actually the modern legal regime must face with the solution important question.This article take the injury on job damage compensate legal regime research as the topic, the full text altogether divides into six partsThe first part the definition which limits the laborer, the harm and the injury on job harms, elaborated the laborer harms the legal characteristic, and the thousandth of a Yuan clear harm and the loss, the compensation and the compensation concept of, simultaneously introduced and the injury on job harms historical evolution.The second part injury on job damage compensate various legal regime, analyzes philosophy of cornerstone, the rationale and the value orientation the laborer damage compensate various legal regime.The laborer harms the right infiingement compensation experience mistake responsibility principle to not to have the mistake expensively no matter what evolution of the principle, has manifested the rationalism philosophy to the positivism philosophy evolution and the liberalism to the social benefit change.Injury on job damage compensate legal regime economic analysis, utilization economic analysis method, is for the purpose of giving the efficient appraisal to the laborer damage compensate legal regime.The legal economic analysis method already became the legal science one kind of research model, did it carry on the cost income analysis the rationality artificial research model, how the analysis law must provide one kind of drive mechanism, realized to the efficiency basic value pursue. The third part injury on job damage compensate and compensates the difference, must find one kind to suit our country situation the system pattern, must first carries on the comparison to the workers' compensation insurance and the right infringement damage compensate.The modern various countries injury on job compensation system pattern, mainly has four kind of basic types: The absolution, the choice, concurrently and the supplement.Four system patterns had its advantages respectively, the law educational world also have regarding this formed some quite mature viewpoint.But inspects these four kind of patterns, how is its essence nothing else but all carries on the choice in the workers' compensation insurance and the civil right infringement damage compensate.This festival competes from the introduction discusses the start reasonably, attempts to find a balanced conjunction spot from both, consummates to our country's workers' compensation insurance compensation system.The fourth part injury on job damage compensate pattern, this festival inspected four kind of compound compensation system pattern which in the worldwide scale exists now, they respectively are choose the pattern, the absolution pattern, the additive pattern and the supplement pattern.Has in four kind of pattern grave foundations in the introduction, merit of and the flaw the multianalysis each kind of pattern, through the analysis, indicated gradually the author to supplements the pattern tendentiousness.The fifth part our country injury on job harms the legislation and the practice present situation, analyzes our country present workers' compensation insurance the dual natures, carefully examines question which in our country injury on job damage compensate legislation, the practice exists.Regarding the industrial accident, the labor law performs the standard from the workers' compensation insurance relations angle, the civil law performs the standard from the industrial accident non-mistake responsibility special abuse of authority angle, constituted the industrial accident dual natures, both is the industrial accident special abuse of authority, and is of labor insurance the industrial accident.Therefore, cannot deduce our country's industrial accident only to have the special right infringement nature simply, denies its objective existence the labor insurance nature. Meanwhile through to "People's Repubfic of China Occupational disease Prevention law", "People's Republic of China Safety in production Law", "Explanation" 12th and "Workers' compensation insurance Rule" the analysis may see our country to legislate the present situation contradiction and the flaw is extremely obvious.The sixth part our country injury on job damage compensate consummation, to the injury on job damage compensate pattern supplement pattern rational analysis, definitely our country should implement this pattern, and simultaneously the question which appears to in the present legislation and the practice, proposes the consummation corresponding countermeasure.In order to participate in the workers' compensation insurance the countermeasure to be suitable the non-mistake principle, is suitable in the law, then chooses is suitable "the General provisions of the civil law" 106th third section, namely the employer undertakes the non-mistake compensation responsibility to the injury on job, but no matter the employer has intentionally or the error to the industrial accident. Participated in the workers' compensation insurance the situation to persist two kind of principles, by to staffs loss omni-directional compensation.Moreover, in the practice still needs to pay attention, stipulated legally has not participated in the workers' compensation insurance employer's administrative responsibility, aggravates its civil liability, urges the correlation enterprise by this to participate in the workers' compensation insurance.Simultaneously emphasized government each department concerned the coordination and the assistance, the author suggested profits from the third human of compulsory insurance the procedure.FinaUy the conclusion affirmed to the injury on job compensation supplement pattern.