Perfection On The Legislation Of Industrial Injury Insurance System In China

In highly dangerous job or there is a risk of industry,inductrial injury accident was repeated in some industry or enterprise,of course,due to the risk in different sizes of industry and enterprise safety production value is different,the game is one of the results of the inductrial injury accident risk also exist differences.However,it is necessary to develop and regulate the insurance system to strengthen the risk aversion.Therefore,inductrial injury insurance system as a kind of compulsory social insurance system,has the function and role,and can spread risk to guard against and directly affects the market main body and the interests of every worker,also deeply affect the lasting stability of the society.Therefore,inductrial injury insurance system cannot be ignored.However,in practice,the insurance system is revised and improved,but in practice,there are some shortcomings or defects.In this paper,the "byelaw of inductrial injury insurance" and the provisions of the axis of inductrial injury insurance system as the research,through a real case in the judicial practice leads to,and then to our country the status quo of inductrial injury insurance legislation are introduced,and the problems to be analyzed,based on the reference to foreign legislation experiences on some perfect Suggestions are put forward.Apart from the introduction and conclusion,the body is divided into four parts:Part one: brief introduction and controversy.This paper introduces a typical case of the case,and gives a brief analysis of the legal issues highlighted in the case.The second part: the legislative overview of China’s industrial injury insurance system.Mainly for definition of inductrial injury insurance,inductrial injury insurance system of the historical evolution and theoretical discusses three basic principles,in order to analysis and recommendations for the rest of the article put forward a flow.The third part: the legislative experience and reference of the insurance system of industrial injury insurance.Is mainly to introduce Germany,the United States,Japan and India national legislation experience,and based on the above four countries comparative analysis and evaluation of inductrial injury insurance legislation system,it is concluded that foreign legislation of inductrial injury insurance of the gain and loss,and on this basis,summed up the available to some experience of inductrial injury insurance in our country legislation perfect.The fourth part: the present situation and existing problems of China’s industrial injury insurance system.Based on the analysis of the current situation of the presentwork injury insurance system in China,this part points out the problems in the legislation of the industrial injury insurance system in China.The scope of application is narrow,and the workers’ compensation for industrial injuries is absent.Standards and procedures for industrial injury identification;Absence of injury prevention system;The relationship between compensation and tort compensation is not clear.The compensation for mental injury lacks the corresponding provisions.The fifth part: put forward the legislation proposal that consummates our country inductrial injury insurance system.In the light of the legislative proposal and the problem,this paper puts forward the following Suggestions to improve the legislative level of industrial injury insurance and expand the coverage of industrial injury insurance.Improve the mechanism of inductrial injury and determine the standard of inductrial injury;Improve the system of injury prevention;To determine the applicable relationship between compensation for injury insurance and compensation for civil tort;Introducing the compensation system for injury compensation.