Dissertation
Dissertation > Political, legal > Legal > Chinese law > Labor Law

Comment on the Case of Shu and Hua Kang Companies' Industrial Injury Compensation Dispute

Author HuZuo
Tutor GaoZhong
School Hunan University
Course Legal
Keywords Compensation of the industrial injury Labor relation Compensation settlement
CLC D922.5
Type Master's thesis
Year 2013
Downloads 27
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In recent years, the cases about compensation for industrial injury are becominghotspot and difficulties of the civil cases, which has given rise to a wide discussionamong all groups of society. In industrial injury cases, in order to protect the labor’sinterest it is very important to confirm labor relations between labor and Company ifthe labor relations have no written contract. In this case, the key legal basis to fixingthe compensation of the industrial injury is that the employers in the industrial injurybear the no-fault liability. But in practice, it is always hard to define the liability, thefact that employer refuse to bear the liability has become the dispute points betweenparties. Meanwhile,the settlement in this case that about compensation for industrialinjuries cause major controversy on the settlement’s character and validity. In orderto settle such dispute, this article tried to analyze legal effect on this type ofcompensation settlement. How about the relationship between compensationsettlement and injury insurance benefits which are belonged to different legaldepartment? There are still many different views on this problem in legal practice.The author proposed solution and approach to the problem under the mode of case ofthe practice, to expect to protect the legitimate rights and interests of employees whohave industrial injury, and to achieve judicatory impartiality.

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