我国农民工工伤救济制度初探

发布时间：2018-06-14 22:17

本文选题：农民工 + 工伤救济　；参考：《同济大学》2008年硕士论文

【摘要】： 1995年1月1日开始实施的《中华人民共和国劳动法》(以下简称“劳动法”)是我国劳动法体系中的基本法,该法明确规定劳动者享有平等就业、取得劳动报酬、休息休假、社会保险等权利。社会保险作为劳动者享有的基本劳动权利之一,其具体内容包括养老、失业、医疗、工伤、生育五大险种。其中,工伤保险是各项社会保险中开展最早、实施范围最广的险种,同时也是世界上大多数国家优先考虑建立的社会保障项目。农民工是我国现阶段产业工人的重要组成部分,他们大多从事体力劳动,是工伤事故的多发群体。国务院《工伤保险条例》规定我国境内各类用人单位均有义务为其职工参加工伤保险,农民工也在参保范围之内,参保是我国农民工工伤救济制度的核心内容。实施工伤保险制度,有利于维护农民工合法权益、分散用人单位工伤风险、促进企业安全生产和维护社会稳定。然而,我国目前农民工工伤参保率低,他们在生产工作中的人身安全得不到有效的保障。与此同时,我国现行农民工工伤救济制度缺乏相应的配套机制,其监督程序也不尽合理,给工伤农民工维权带来不少障碍。本文在分析我国现阶段农民工遭遇工伤事故索赔难问题的基础上,运用系统分析、文献分析、比较分析及案例分析等方法,回顾了工伤救济制度的历史演变过程,综合国内外有关实践及研究成果,剖析我国现行农民工工伤救济制度存在的不足之处,建议大力推广农民工工伤保险制度,实行工伤保险基金先行垫付制度,建立和完善农民工工伤救济的配套机制,简化农民工工伤救济的监督程序,以期建立和完善适应我国国情的农民工工伤救济制度。
[Abstract]:The Labor Law of the people's Republic of China (hereinafter referred to as "the Labour Law"), which came into effect on January 1, 1995, is the basic law of the labor law system of our country. Rights such as social security As one of the workers' basic labor rights, social insurance includes pension, unemployment, medical treatment, industrial injury and birth. Among them, industrial injury insurance is the earliest and most widely implemented social insurance in all kinds of social insurance, and it is also a priority social security project in most countries in the world. Migrant workers are an important part of industrial workers in our country at present. They are mostly engaged in manual labor and are the frequent groups of industrial accidents. The regulations of the State Council on Industrial injury Insurance stipulate that all kinds of employing units in China have the obligation to take part in industrial injury insurance for their employees, and the migrant workers are also within the scope of the insurance, which is the core content of the compensation system for migrant workers in our country. The implementation of the industrial injury insurance system is conducive to safeguarding the legitimate rights and interests of migrant workers, dispersing the employment injury risks of employers, promoting the safe production of enterprises and maintaining social stability. However, the employment injury insurance rate of migrant workers in our country is low at present, and their personal safety in the production work can not be effectively guaranteed. At the same time, there is a lack of corresponding supporting mechanism and supervision procedure in the current system of work-related injury relief for migrant workers in our country, which brings many obstacles to the protection of rights of migrant workers at work injury. Based on the analysis of the problem of peasant workers suffering from industrial accidents in our country at present, this paper reviews the historical evolution of the system of industrial injury relief by means of systematic analysis, literature analysis, comparative analysis and case analysis. By synthesizing the relevant practice and research results at home and abroad, this paper analyzes the shortcomings of the current industrial injury relief system for migrant workers in our country, and suggests that we should vigorously promote the work injury insurance system for migrant workers and implement the advance payment system of industrial injury insurance fund. To establish and perfect the supporting mechanism of migrant workers' work-related injury relief, simplify the supervision procedure of migrant workers' industrial injury relief, in order to establish and perfect the peasant workers' work-related injury relief system adapted to the national conditions of our country.
【学位授予单位】：同济大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：F249.2;F842.6

【引证文献】