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作为社会的弱势及特殊群体之一,农民工的流动性强、职业危险程度高。频发的工伤事故表明了其对社会保险权益的巨大需求。然而现行的工伤保险法律法规对农民工的适用存在着立法不健全、司法不规范等问题。在此基础上,结合农民工维权困难的现状,我国农民工工伤保险法律制度应从完备立法、强化社商合作的市场化导向以及统一工伤认定的司法审查规范三个方面加以完善。
As one of the disadvantaged and special groups in society, migrant workers are highly mobile and occupationally dangerous. The frequent accidents at work show the huge demand for social security benefits. However, the existing laws and regulations on work-related injury insurance apply to migrant workers in some countries, such as imperfect legislation and irregular judicature. On this basis, combined with the status quo of migrant workers’ rights protection, the legal system of industrial injury insurance for migrant workers in our country should be improved from the following aspects: perfect legislation, strengthening the marketization orientation of social and commercial cooperation and standardizing judicial review of unifying industrial injury.