nike shoes cheap Liability and compensation for vi

2n2sale160ad

Liability and compensation for victims of accidents Liability of employees

Chinese papers League finishing. Introduction

with the establishment and development of market economy, industrial accidents have, repeatedly is the media, reflecting the intensification of industrialization and the market economy early immature. Considerable casualties in the accident of workers, tort claims continued. In general, the implementation of the work injury insurance system, the enterprise,[link widoczny dla zalogowanych], its employees suffering from work to get proper compensation for the injured and properly appease the owners of a large number of non-public economy have not been implemented for various reasons, work injury insurance system, the employer after the employee injured at work ground fault often blame employees, employee compensation and difficult to get adequate comfort, much less, resulting in legal action. In tort cases, such cases accounted for an absolute majority. Like a lot of accidents happen in real life. Court in such cases, because there was no express provision of law and judicial interpretation, the limited understanding and articles of their own insights, so the referee mixed results. Some judges to cases classified as accidents compensation, work injury insurance compensation standards for compensation by the employer; some of the judges will be victims of their compensation case classified as employees for liability without fault and with reference to general standards of tort liability for compensation by the employer; and others Judge Zeyi employees did not participate in work accident injury insurance should not be taken as grounds to finalize the general personal injury disputes, and liability for wrongs shared responsibility between employers and employees. 2 When the cause of this embarrassing situation, other than the defects, mainly the legal profession and law experts and employees responsible for accidents suffered the concept of responsibility, character, responsibility vague understanding of principles and differences exist. Moreover, the Supreme People's Court Bulletin 1989 No. 1 employers) fault encroach upon the Guosheng (employees) personal safety, it shall bear civil liability, 3, the use of fault liability in the case is to solve the employer to the employee injured at work a precedent for liability. But scholars have published many cases challenged scholars to advocate for no-fault liability principle in handling such cases. 4 The Supreme Court in the the nature of the definition of the principle of imputation has not been clearly defined and so, in theory, have a clear answer has not led to awareness and understanding of chaos, and then practice in the trial of the above-mentioned conditions. Author in handling such cases has been quite a headache, Pilot study, inappropriate, please enlighten experts.

I try to work through the industrial injury insurance law, industrial accident insurance and tort liability accidents, employers liability to employees Comparison of proposed tort injuries and accidents is applied on the Labor Insurance Act The term, in fact, the industrial accident liability tort liability and the employee affected (ie employers liability) is not essentially different in our tort liability should be abolished the title of accidents, the use of modern general practice civil law, the establishment of the employer to the employee victim compensation (or the employer's liability) system, specify the employer to the employee victim of the responsibility principle of liability without fault liability principle should be the employer of the only exemptions are the victim intentionally.

accidents responsibility and liability for employees affected and the nature of the concept of difference

employees understand the responsibilities and work-related injuries suffered and the nature of the concept of responsibility is a prerequisite for correct handling of such cases.

so-called work-related injuries, it is customary means injury suffered in the course of work, it is our unique concept. Initially the intention to work related injury, disability and death. 5 rare in Western countries 6 For discussion of work-related injuries, many views. There is a view that is injured on the job in the production of enterprise employees, engaged in production of labor-related, or working conditions, work environment due to personal injury caused by accidents, occupational diseases. 7 The other view is that work-related injuries is in production, work or go production work on the wounded, maimed, killed three cases. 8 is really just different expressions, its meaning is the same, that is, work-victimization. But in labor law, it is a specific concept. Has been implemented on the industrial injury insurance companies because of their injured employees, follow certain procedures to the labor administrative department (now the labor security department, the same below) report, the labor administrative department to be identified, without the injury is not recognized . 9 found injured workers to give up working safety insurance benefits. Conversely, not identified as work-related injuries, not to enjoy the work injury insurance benefits. Can be seen in the labor law, work injury, is a specific term labor law, identified as work-related injuries is to obtain a prerequisite for treatment of industrial injury insurance. In addition, enjoy the work injury insurance benefits is another prerequisite for the owners of the industrial injury insurance for the staff of the procedures, payment of the work injury insurance. Otherwise, the same does not enjoy the work injury insurance benefits. If not for the owners to the staff of the industrial injury insurance procedures, it is impossible to declare related injuries and injury insurance benefits apply. Therefore, injuries and accidents should be the nature of labor insurance, to protect his personal national security created by the implementation of the labor administrative departments of public law obligations, but that they have the effect of private law. 10. Accidents adjusted by the Labor Insurance Act,[link widoczny dla zalogowanych], which in 1953 Scholars also generally agree that 11.

Then, accidents are also a tort in nature? Yang Lixin civil law experts believe that accidents only specific abuses, but also the behavior of labor insurance, labor law and civil law are two competing laws and regulations of the Basic Law. 12 The author believes that injuries and accidents are the exclusive terms of labor law, without the labor administrative department after a certain program can not be identified as work-related injuries,[link widoczny dla zalogowanych], the exclusive use of the term should not be moved onto the Civil Code. However, the work of the injured workers, whether or not to participate in industrial injury insurance, is recognized as work-related injuries, the grounds were for tort claims to the owners. In Western countries, labor law is not a separate department of law, labor law off the system by the Civil Law, Workers Compensation Act even if the creation of this single law, but also as a civil law there is a special law, industrial accidents, and therefore there is no problem of the dual nature 13. Therefore, we need not be on labor safety and legal norms of civil law terminology hard to move up, but cause confusion.

why the field of tort liability and employees of the accidents suffer essentially the same types of liability and different titles of the cases? I think there is a certain reason. China's planned economy in the long period of economic entities in the form of a single, state-owned and collective enterprises occupy the absolute advantage of the social status and legal status, their employees are also subject to special labor protection, the state labor law enforcement through the purchase of industrial injury insurance companies for workers to show care and protection of workers. Public enterprises while the injured workers suffering from work to enjoy the work injury insurance benefits,[link widoczny dla zalogowanych], and therefore, the title of injuries and accidents in general use. Implementation of industrial injury insurance that are not public ownership of enterprises affected by employees for work in civil action for compensation after the extension of the customary law with the title of Labor Insurance also known as work-related injuries compensation disputes. While the subsequent emergence of the owners of non-public economy is called the employer, its officers is called the employee, the employee suffered a civil action for compensation after the victims are referred to as employee compensation disputes. In fact, these two cases are the victims of industrial accidents caused by employees, and its nature is the same, but different in nature fills the employers, one for the other non-public ownership. Civil scientist Professor Liang in He is the definition of industrial accidents contractual relationship of employment duties employed workers suffered injuries, that is, industrial accidents. Throughout this article did not mention injuries and accidents, an indication of its labor law does not agree to a specific concept and the concept of tort confused. Proceedings of accidents claim

real sense of the modern civil employees injured at work claim litigation, there is no essential difference between the two, only the title is different. Should be victims of modern civil law liability of the employees (or employers liability), while the ban on the accidents of civil responsibility of the title to avoid confusion in the labor law of work accidents insurance.

1999 amendment to the Constitution clearly states: the legitimate rights and interests. Public economy and the legal status of non-public economy are equal, the Constitution and the law does not grant the privilege of public enterprises should not be discrimination against non-public economy should be equal protection of the various economic forms of property rights and other rights. 14 of the Constitution and the Labor Law also provides

相关的主题文章：

abercrombie milano Reflections on the problems of

[link widoczny dla zalogowanych]

[link widoczny dla zalogowanych]