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在《社会保险法》中,关于工伤保险的部分有两大缺陷,一是偏重工伤赔偿而忽视工伤预防,甚至没有出现“工伤预防”四个字;二是第三十三条中“职工应当参加工伤保险”的表述,掩盖了工伤保险属于责任保险的本质。责任保险以被保险人对第三者承担的赔偿责任为保险标的,在工伤保险中被保险人是用人单位,职工则是第三者。雇主责任源于法律法规的规定,把社会保险法、侵权责任法、保险法等与工伤保险条例结合研究,是提高工伤保险机构管理水平的有效方法。
In the “Social Insurance Law”, there are two major flaws in the part on industrial injury insurance. The first one is to emphasize the compensation for work-related injuries and neglect the prevention of work-related injuries without even displaying the word “prevention of occupational injuries.” Second, Article 33 of the “ Workers should participate in work injury insurance ”statement, covering the industrial injury insurance is the nature of liability insurance. Liability insurance takes the insured person’s liability for compensation to a third party as the subject of insurance. In the case of work-related injury insurance, the insured person is the employer and the employee is the third party. Employer’s liability stems from the provisions of laws and regulations. It is an effective way to improve the management level of industrial injury insurance institutions through a combination of social insurance law, tort liability law, insurance law, and work injury insurance regulations.