Research On The Legal System Of Industrial Injury Insurance

Injury insurance system is very important for the social security system. Injuryinsurance played a role in prevention and risk diversification because it is acompulsory social insurance system. Injury insurance legal system is not only relatedto the interests of each worker, but also affects the stable development of society as awhole.Injury insurance legal system in China established relatively late, so there are alot of imperfections in the specific system design. With “Injury Insurance Regulation”newly revised as the research object, the author identified the problems of the legalsystem of our current injury insurance through analysis of the status of the legalsystem of the industrial injury insurance. The author also learned from legislativeexperience in developed countries to improve the legal system of industrial injuryinsurance in China. The dissertation is divided into four parts:Part one is mainly about general theory of injury insurance legal system. Firstly,the meaning of industrial injury insurance is reviewed, the concept of it is defined,and the characters of it are analyzed. Secondly, the basic principle of industrial injuryinsurance is listed, which is different from other social insurance. In addition, therelationship between industrial injury insurance and employer’s liability insurance,between industrial injury insurance and medical insurance are illustrated.Part two mainly introduces the foreign industrial injury insurance legal system,and evaluates the foreign industrial injury insurance legal system through provision.In this part, the author firstly introduces the industrial injury assurance legal system ofGermany, the United States, Japan and India.Based on the above mentioned countriesindustrial injury insurance legal system and the comparative analysis, the authorevaluates the foreign industrial injury insurance legal system, in order to become thereference for our country’s reform.Part three mainly introduces the industrial injury insurance legal system in Chinaand analyzes the present situation of existing defect. In this part, the author firstly introduces current situation of industrial injury insurance legal system. And then theauthor points out the problems, mainly including the narrow coverage and low-rateparticipating insurance, the industrial injury that is not standardized, the determinationof industrial injury that is not normative, the industrial injury prevention function thatis not enough and lack of industrial injury rehabilitation. In addition, the authoranalyzes each existing problem.Part four puts forward the industrial injury insurance legal system suggestionbased on the mentioned problems in part three. The specific suggestions includingwiden the coverage and improve participating insurance rate, perfect the industrialinjury standards and procedures, clear the applicable relationship between the civiltort compensation and industrial injury insurance compensation, pay attention to theprevention of industrial injury, establish and perfect the rehabilitation of industrialinjury.