Research On The Special Legal System Of Workers’ Injury Insurance In New Business Forms

In the 21 st century,new business formats represented by Internet platform enterprises are booming.Under the new format,the construction period is flexible,the freedom to enter and leave the company,and the workplace is scattered,resulting in an extremely ambiguous labor relationship.As the scope and number of practitioners in new industries increase year by year,disputes over their labor relations and the protection of labor rights and interests have also increased exponentially,and the difficulty of the current legal system of work-related injury insurance to be compatible with new forms of employment has evolved into a social issue.Through the investigation of the current situation of employee injury insurance for employees of new formats,this paper uses literature research method and statistical analysis method to find out the problems and legal dilemma of employee injury insurance for employees of new formats in China,and actively explores countermeasures to solve the construction of the special legal system of injury insurance for employees of new formats.The main research contents are as follows:The first parts are an overview of employee injury insurance for employees of new business formats.Starting from clarifying the concepts of "new business format" and "new format practitioner",this paper analyzes the characteristics of new format employees and the characteristics of occupational injuries,and puts forward many difficulties in the application of the work-related injury insurance legal system for new format employees.Part second Legal difficulties in the application of injury insurance for employees of new business formats.The complexity of the legal relationship between employees of new formats and platforms of new formats determines the legal difficulties in the application of work-related injury insurance to employees of new formats.The main difficulties include the single payment mechanism of work-related injury insurance for employees in new formats,the low industry base of payment,the unclear work-related injury recognition procedures,and the difficulty in determining the treatment and compensation standards.The third part is the experience and inspiration of the special legal system for work-related injury insurance for employees in domestic pilot projects and new business formats outside the region.Comparing and analyzing the experience and shortcomings of several pilot areas in China regarding new forms of work-related injury insurance,sorting out and comparing the special legal systems for work-related injury insurance for new forms of employment,such as self-employed employees in the EU region,third class workers in the UK,independent contractors in the United States,similar employees in Germany,and special accession from Japan.There are generally two basic ideas that China can learn from in the construction of a legal system for work-related injury insurance for new forms of employment outside the region,One is to expand the scope of the original occupational injury protection system,classify the new business form as a special type of "worker",or require the platform to bear the burden of reverse proof.The second is to establish a special work-related injury guarantee access system for employees in new business formats.The forth part is suggestions on improving the special legal system of injury insurance for employees of new business formats.To improve the legal system of injury insurance for employees of new industry formats,we can start by balancing the rights and obligations between the state,new format enterprises and new industry employees,with the theme of solving the participation of new industry employees in work-related injury insurance,strengthening the concept of work-related injury insurance liability of the government,new format platform enterprises and new format employees,standardizing the employee injury insurance fund for new format employees,and improving the construction of work-related injury insurance information system.