On The Establishment And Realization Of Occupational Injury Insurance System For Flexible Employment Personnel

With the wide application of Internet technology to all walks of life,the sharing economy has emerged,developed and expanded at a very fast speed.While people’s life style has undergone great changes,the employment pattern and employment structure of the society have also been changed.The surge of flexible employment personnel represented by crowd-sourced riders exposes the problem that the occupational injury protection for flexible employment personnel has been in a blank state for a long time in China,and intensifies the contradiction between the need for occupational injury protection and the absence of legal protection for flexible employment personnel.Personnel of flexible obtain employment is to point to unit of choose and employ persons does not exist between labor relations and in the face of occupational injuries cannot enjoy treatment of inductrial injury insurance for workers,the main form of personnel of flexible obtain employment of new forms,considering the occupational injury insurance is a new system that needs to be constantly perfected through practice,and also to make new insurance has stronger maneuverability,Therefore,the protection object of the discussion of occupational injury insurance in this paper should be flexible employment in new forms of industry,excluding traditional flexible employment.If the system is successful and mature,the traditional flexible employment can be included in the insurance scope,so that all flexible employment personnel who can not be protected by industrial injury insurance can be protected when facing occupational injury.At present,there are two ways to protect the occupational injury of flexible employment personnel in China,one is to include them in the existing industrial injury insurance system;The other is to use commercial insurance to protect it.No matter what kind of insurance it is,it has disadvantages and cannot give full play to the advantages of social insurance such as non-profit,social and insurance.Therefore,faced with the challenge of flexible employment form to traditional social insurance,we should advance with The Times,establish specialized flexible employment personnel occupational injury insurance,and use new social insurance to cover the flexible employment personnel of new business type.Pilot actively explore the different schemes,such as pilot,Zhejiang,Guangdong pilot used single way of inductrial injury insurance to protect personnel of flexible obtain employment,and Suzhou,Taicang,Suzhou Wujiang,Jiangxi jiujiang,adopts the way of inductrial injury insurance,the pilot after a period of time running the pros and cons of preliminary,establish occupational injury insurance provides the experience for us.In addition,we can criticize and draw lessons from the methods of dealing with occupational injury of flexible employment in new forms of business,providing empirical support for the establishment of occupational injury insurance for flexible employment in China.The nature of occupational injury insurance is social insurance,so it is necessary to follow the principles of compulsory insurance participation and cost sharing,construct a system based on the theory of "three division of labor law",clarify the subject of legal relationship of occupational injury insurance,occupational injury identification standard,relief scope and relief approach,and improve supporting measures.In order to establish a flexible and efficient special legal system that "can participate in insurance","willing to participate in insurance","easy to participate in insurance" and "can benefit".