Does because of oneself violate the rules and regulations get hurt whether get i
From;    Author:Stand originally
  • From the point of the development of system of inductrial injury insurance, inductrial injury compensatory returns duty the principle also was to experience by " fault responsibility " principle to " without fault responsibility " the principle transforms and come. Be in " fault responsibility " below the principle, need to belong to quote by the worker that gets harm or involuntary discharge of urine, employer must have subjective fault to the happening of enterprise accident, cannot win compensation otherwise; "Without fault responsibility " below the principle, the worker is harmed by accident or occupational disease, need not quote can enjoy compensatory right. As to fault the likelihood has a variety of circumstances and state: If laborer work discipline is inattentive, safe consciousness is thin, or disobey operating rules to wait bring about harm accident to happen; Or manage a disorder because of one party of enterprise, employer, responsibility of undesirable, safe production does not fulfil facilities facilities etc; Still be bilateral fault likely, if the enterprise is pursuit economic benefits, and laborer makes money for more work overtime, fatigue exercise; With etc contingency, if harm is caused because of error between laborer,wait a moment. Be based on just about afore-mentioned these circumstances, when building system of inductrial injury insurance, establish " without fault responsibility " principle. Once produce a profession to harm an accident,it makes clear, no matter whether are employer or employee put in fault, in principle victim can get compensatory. The change of this one principle, the order of law of the function that play society insurance went to since, short cut technique, function that improves efficiency, honestly safeguard suffers the rights and interests that harms worker, in the meantime, the disengagement in also making enterprise, employer compensates for lawsuit from inductrial injury comes out, be helpful for beginning normal production to run an activity.
    How be we ought to be known next " in cold blood " ? According to " dictionary of contemporary Chinese language " explanation: "In cold blood: Have this meaning early (point to bad) ; On purpose, if undertake destructive in cold blood, provoke in cold blood. " this destroys ⑥ one kind intentionally namely actually manufacturing behavior, jural perhaps cognizance illegal criminality. This kind of behavior is in " method of try out of insurance of company worker inductrial injury " the 9th the first " commit a crime or break the law " in had made specific provision, again with " in cold blood violate the rules and regulations " label the 5th to appear besides arouse misunderstanding and controversy, do not have other benefit. Each district sets to carry out this, made a few specific provisions again, result however things go contrary to one's wishes. Be like " the explanation of concerned problem of limits of inductrial injury of Beijing company worker " eleventh " in cold blood violate the rules and regulations " limit for, the casualties that company worker causes inside working hours, prove by company staff pure the casualties that belong to him mischief and brings about, belong to " in cold blood violate the rules and regulations " , cannot maintain for inductrial injury. " in cold blood violate the rules and regulations " specific melt into " mischief " did not let room of editor of dictionary of institute of language of person the Chinese Academy of Social Sciences make up " dictionary of contemporary Chinese language " , 1290 pages, business affairs imprints control a house, beijing, 1980.
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