职业病维权困局的博弈论思考

Research on Occupational Disease Victims' Rights Dilemma Based on Game Theory

职业病维权困局的原因在于未参保企业难以负担巨额赔偿、企业掌握开启诊断程序的权力及诊断、鉴定机制不完善等。通过博弈分析发现,维权成本问题是维权困局产生的根本原因。为了化解困局,应该倒置更多举证责任、改革诊断与鉴定机构、降低维权成本等。

Occupational disease victims＇ rights dilemma occurs in China. Reasons for this issue are that uninsured enterprises can not afford the huge compensation for victims, that enterprises control the opening of diagnostic procedures, and that occupational disease diagnosis and identification mechanisms are not perfect. It is found that cost of right is the root cause for rights dilemma through game analysis. In order to solve the issue, countermeasures should be taken as following： more responsibilities of proof reversed, reform of occupational disease diagnosis and identification mechanisms, and reducing the cost of right.