论我国职业病民事赔偿制度的完善——从《职业病防治法》第59条出发

On the Perfection of Civil Compensation System of Occupational Diseases in China——Starting From the Occupational Disease Prevention Law Article 59

《职业病防治法》第59条明确规定职业病病人有获得赔偿的权利,但该条规定的实施现状却不尽人意,其案件胜诉率低且计算模式混乱,究其原因在于业界对第59条规定的合理性存在质疑且该规定本身存有歧义,应当结合职业病的特性对职业病民事赔偿制度进行完善,以期职业病群体能够获得民事赔偿,保障其日常的医疗、用药需求。

Occupational Disease Prevention Law Article 59 clearly stipulates that the patients with occupational dis- eases have rights to get compensation. However, the status quo of the implementation is unsatisfactory, mainly for the low success rate and computational model confusion. The reason is that there is doubt about the rationality of Article 59 and the provision itself has ambiguity. Therefore, it should be studied in conjunction with the charac- teristics of occupational diseases to improve the occupational diseases civil compensation system and protect their day- to- day medical care and medication needs.