At present,the work injury in China’s work injury insurance system includes accident injury and occupational disease,except for the third party tort,the employee can only obtain compensation through the work injury insurance after the work injury,but in terms of the cause of harm and the result of the infringement,there is also a big difference between occupational disease and ordinary accident work injury.In order to better protect the legitimate rights and interests of occupational disease patients,article 58 of the Law on the Prevention and Control of Occupational Diseases not only grants them the right to obtain work-related injury insurance assistance,but also gives them the right to obtain civil compensation through judicial channels,which is conducive to the protection of justice and fairness and to the maintenance of a stable and harmonious social environment.However,from the perspective of practical fields,few patients with occupational diseases have been compensated through civil litigation channels,and at the same time,they have the characteristics of large differences and complex situations.This article first consults the relevant information and data to understand the current situation of occupational diseases in China,it can be said that occupational hazards have not been completely controlled for the time being,and new occupational disasters are still emerging,posing a new threat to the physical and mental health of workers.For the compensation of occupational disease patients,if there is only a standard of treatment for work injury insurance,this cannot compensate for the damage received by workers to a large extent,not to mention that the right to health and personal rights have the most valuable value.To this end,we will explore the significance of China’s civil compensation system for occupational diseases,which is conducive to protecting the legitimate rights and interests of occupational disease patients,so as to promote the renewal of the concept of work injury insurance and maintain harmonious labor relations.Secondly,this paper analyzes the application dilemma of civil compensation for occupational diseases,and through the search and analysis of several relevant cases,the situation of civil compensation for occupational diseases in judicial application practice is not too optimistic,and it mainly faces the following problems in implementation:lack of sufficient legal support for civil compensation for occupational diseases;large differences between the results of various judgments;excessive burden of proof borne by patients;unclear legal relationship of civil compensation;and difficulty in implementing remedies for patients with occupational diseases.Finally,the civil compensation system for occupational diseases in China is mainly from the two aspects of macroscopic thinking and micro design,combined with some experiences of extraterritorial regions and countries,and put forward some improvement suggestions from the perspectives of the principle of attribution,calculation methods,litigation procedures,burden of proof,and special relief funds,so as to protect the civil claims of patients with occupational diseases. |