On The Perfection Of The Legal System Of Industrial Injury Insurance In China

The Human beings create wealth through labor and maintain the development of themselves and society,but labor also has risks.Before human beings entered the industrial society,people mainly rely on their hands to engage in economic activities,the pace of production is slow,the production environment is less harmful,so the probability of accidents is low.But after entering the industrial age,mechanized production,faster and faster pace of work,the work of harmful toxic environment increased,significantly higher rates of industrial injury accident,therefore the risks of industrial injury has not workers personal problem,but an important problem worthy of attention,industrial injury insurance is the legal system under the background of this social arises at the historic moment.In the early 1950 s,China initially established the labor insurance system.After entering the reform and opening up stage,the development speed and level of China’s society have been promoted to an unprecedented height.The drastic changes in the real society and the emerging new problems have prompted the country to revise the legal system of industrial injury insurance continuously.From the 1996 "Trial Measures for Enterprise Employee Injury Insurance" to the 2003 "Injury Insurance Regulations",along with a series of industrial injury insurance regulations and documents gradually came out,and China’s socialist market economy to adapt to the legal system of industrial injury insurance is gradually formed.On January 1,2011,the "Industrial Injury Insurance Regulations" revised again was formally implemented.These amendments have effectively enhanced the applicability of the legal system of industrial injury insurance.But since entering the 21 st century,the speed of social development is advancing day by day,a variety of new problems continue to emerge,the existing legal system of industrial injury insurance in dealing with these levels of endless new problems,it appears to be inadequate,the social controversy on the identification of industrial injury is also increasing.In the concrete practice,the existing legal system of industrial injury insurance shows some defects,mainly in the following aspects: 1.The legislative level of relevant laws and regulations of industrial injury insurance in China is not high,and it can not form an effective deterrent to illegal acts;Second,the scope of application of the main body is narrow,some personnel should be included in the industrial injury insurance system has not been included;Three,there are huge disputes in the rules of industrial injury identification,such as the meaning of industrial injury is not clear,the "three elements" standard of industrial injury identification is not scientific,"on the way to work" is difficult to define,the situation of the same as the industrial injury is defective,the exclusion of industrial injury is too absolute;Fourth,there is a legislative gap in the protection of workers’ work-related injury rights and interests;Five,the application of industrial injury identification of the main order of the unreasonable provisions,many of the above problems reflect the emergence of industrial injury insurance legal system has been unable to fully meet the needs of modern society,urgent need to make changes.Based on the current law of industrial injury insurance system in our country as the breakthrough point,the integrated use of literature analysis,case analysis,comparison analysis and other research methods for problem analysis and elaboration,and then combining with the advanced industrial countries of industrial injury insurance legal system of foreign excellent experience,pointed out that China’s current problems of industrial injury insurance legal system.Based on the above research,combined with China’s specific national conditions,according to industrial injury insurance legal system in our country there are some outstanding problems,and puts forward some feasible Suggestions and countermeasures: first,define the general concept of industrial injury,by adopting the combination of enumeration and generalized mode,as far as possible cover more industrial injury situation;Second,improve the level of legislation,provide more authoritative legal basis for industrial injury workers,and form a strong deterrent to illegal acts;3.Expand the scope of application of the subject;4.Revise the case that is regarded as a work-related injury,delete the "48 hours" clause,and reward the injury caused by acts such as voluntary felon-fighting by the special fund set up by the state;5.Entrust the people’s court with the power to determine the work-related injury;6.Establish a mechanism for protecting migrant workers from industrial injuries;7.Adjust the order of the subjects applying for the identification of industrial injury.The author hopes that the above countermeasures can effectively solve some problems existing in the current legal system of industrial injury insurance in China and make it more perfect.