未竟的转型：工伤赔偿的“双轨制”到“单轨制”——兼评工伤保险最新立法规定

工伤赔偿模式根据政府的角色大致可以分为公共工伤赔偿和私人工伤赔偿模式,而公共工伤赔偿与私人工伤赔偿相比较有较大的优势,成为占主导地位的工伤赔偿模式。2004年《工伤保险条例》确立了公共工伤赔偿和私人工伤赔偿并存的“双轨制”工伤赔偿模式;《社会保险法》做出重大突破,确立了公共工伤赔偿的有限“单轨制”模式;而新修订的《工伤保险条例》在工伤赔偿的模式上,又重新退回到原来的“双轨制”模式,没有正确处理好与《社会保险法》这个上位法的关系。

Incomplete Transformation for Workers'Compensation: from Dualistic Structure to Sole Model

Based on the role of government, workers＇ compensation system can be classified into two categories, i. e. , public workers＇ compensation and private workers＇ compensation. Public workers＇ compensation system has been proved to have many advantages compared with private workers＇ compensation system, and has become the predominant mode of workers＇ compensation in the world. Regulations on Work-injury Insurance 2004 has established a dualistic structure in which public and private workers＇ compensation systems co-existed ; the newly promulgated Social Insurance Act made substantial breakthrough in this regard, establishing a defected sole model in which public workers＇ compensation is the main mechanism;while the amendment to Regulations on Work-injury Insurance made a retreat by shifting back to the dualistic structure, and possibly violated Social Insurance Act which is superior.