论非法用工单位伤亡人员赔偿请求权的保护

On the Protection of Illegal Employers Casualty Compensation Right

我国《工伤保险条例》和劳动行政部门出台的行政规章规定了非法用工单位伤亡人员获得赔偿的程序和赔偿标准。由于劳动行政部门的规章的效力层次较低并与其他立法存有不同的规定,实践中有些地方的司法机关依据民事法律制度规定的雇主赔偿责任来处理非法用工单位伤亡人员的赔偿问题。立法的缺陷造成司法机关适用法律存在不统一。从公平保护受雇人员的合法权益的角度出发,必须对非法用工单位伤亡人员的赔偿制度进行完善。

Regulation on Work - related Injury Insurances, as well as other administrative rules provided by labor administration department, has stipulated the procedures and standards of indemnity for casualities of illegal employment. However. those regulations and rules have low-level legal effect and there are also discrepencies between them and other laws in this regard. The judicial departments in some places prefer to choose provisions on employer＇s liability, in civil law system to deal with indemnity for casualities of illegal employment. Legislative defects make disunity of applying taws for judicial authorities. In view of impartial protection of employees＇ lawful rights, the indemnity system for casualities of illegal employment should be improved.