我国工伤保险制度的新成就与局限——浅析《工伤保险条例》

The New Achievements and Limits of the System of Insurance of Injuries Suffered at Work in China

《工伤保险条例》颁布和实施是我国工伤保险制度法制建设的一个里程碑,也是我国社会保险法制建设取得阶段性成果的一个重要标志。新的《工伤保险条例》扩大了工伤保险制度的主体适用范围和事故范围;工伤认定程序更为规范化、合理化;理顺了工伤保险关系,划分了工伤保险责任;有利于促进企业安全管理和安全文化理念的形成;有利于我国应对国际新形势;但也存在的一些局限性,如工伤保险的覆盖范围还应当继续扩大;没有明确工伤保险主管部门和安全生产监督管理部门之间的衔接、配合机制。

The promulgation and implementation of Regulations of Insurance of Injuries Suffered at Work is not only a landmark of the construction of the legal system of insuranee of injuries suffered at work, but also a very important sign of staged results of the construction of china＇ s social .security legal system. Through comparison, this paper expatiates the new achievements of Regulations of Insurance of Injuries Suffered at Work, namely, the expansion of applicants and types of accidents covered by the legal system of insurance of injuries suffered at work, the standardization and rationalization of the cognizance procedure of injuries suffered at work, the clearness of the cormection and accountability of injuries suffered at work, boosting the formation of the concept of safety management and safety culture in enterprises, and promoting the state capability to meet the new challenges from the world. In the meanwhile, this paper points out some of its limits, such as, the coverage of Regulations of Insurance of Injuries Suffered at Work is not large enough to cover all the needed; the cooperation and coordination system between the administrative department in charge of insuranee of injuries at work and supervision department in charge of safw production is not clear enough.