西南石油大学学报(社会科学版) ›› 2024, Vol. 26 ›› Issue (6): 69-79.DOI: 10.11885/j.issn.1674-5094.2024.08.23.04

• 政治与法律 • 上一篇    下一篇

劳动法典编纂视域下工伤预防制度之完善

王红娇   

  1. 西南政法大学经济法学院, 重庆 渝北区 401120
  • 收稿日期:2024-08-23 发布日期:2024-12-30
  • 作者简介:王红娇(1997—),女(汉族),重庆长寿人,博士研究生,研究方向:劳动与社会保障法。
  • 基金资助:
    2024年度重庆市教委人文社会科学研究规划重点项目“新业态从业人员劳动权益保障机制研究”(24SKGH004);西南政法大学2023年度学生科研创新项目“安全生产责任保险与工伤保险的衔接机制研究”(2023XZXS-015)。

Perfection of the Work-related Injury Prevention System——A Discussion in the Context of Labor Code Compilation

WANG Hongjiao   

  1. School of Economic Law, Southwest University of Political Science and Law, Yubei Chongqing, 401120, China
  • Received:2024-08-23 Published:2024-12-30

摘要: 工伤预防制度是指工伤保险制度体系中可以促进用人单位积极采取措施预防工伤发生的制度安排,其对工伤的发生毫无疑问具有过滤的作用,在工伤保险制度体系中处于优先地位。我国工伤预防制度经历了从无到有、从不予重视到逐步完善的阶段,但工伤保险制度在总体上仍然处在“重补偿轻预防”阶段,对预防制度的重视不够,工伤保险费率机制、工伤预防费、工伤保险待遇安排、相关奖惩措施和职能机构权责等方面均存在不足之处。在劳动法典编纂背景下,完善工伤预防制度,需要坚持预防优先的理念,完善工伤保险费率机制,优化工伤预防费和工伤保险待遇相关规定,制定合理的奖惩措施,加强工伤预防与安全生产、职业病防治衔接。

关键词: 工伤保险, 工伤预防, 费率, 工伤预防费, 待遇

Abstract: Work-related injury prevention system is an institutional arrangement in the work-related injury insurance system that can promote employers to actively take measures to prevent the occurrence of work-related injuries. It undoubtedly has a filtering effect on the occurrence of work-related injury and is in a priority position in the work-related injury insurance system. China’s work-related injury prevention system has gone through development from scratch to being under neglect and to gradual improvement, but the work-related injury insurance system is now still in the stage of “emphasizing compensation” over prevention on the whole, and the prevention system is not paid enough attention to. And there are room for improvement in the mechanism of work-related injury insurance rate, work-related injury prevention expenses, work-related injury insurance treatment arrangement, relevant reward and punishment measures and allocation of rights and responsibilities of functional institutions. In the context of labor code compilation, to improve the work-related injury prevention system, it is necessary to adhere to the concept of giving priority to prevention, improve the rate mechanism of work-related injury insurance, optimize the relevant regulations on work-related injury prevention expenses and work-related injury insurance rates, formulate reasonable reward and punishment measures, and to strengthen joint efforts in work-related injury prevention, safety production and occupational disease prevention and control.

Key words: work-related injury insurance, work-related injury preventive, premium rate, work-related injury prevention expenses, employment compensation

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