【作者】 李朝晖；

【导师】 唐之享；

【作者基本信息】 湖南农业大学 ， 农业经济管理， 2010， 博士

【副题名】以湖南湘中五城为例

【摘要】 随着工业化推进和城镇化提速,农民工正逐步成为产业工人的主体,成为城市劳动力的重要构成。从客观现实来看,农民工大多承担苦、累、脏、险工作,在经历职业非农化转变的同时也面临着角色转型带来的一系列问题,其中,所从事的高危风险职业特征决定了他们是工伤事故及职业病的主要受害者,工伤风险保障已成为仅次于工资纠纷的第二大突出问题。农民工经济上贫困性、承受能力上脆弱性影响他们工伤风险的认知,特别目前《工伤保险条例》规定“保费由用人单位向社会保险经办机构缴纳,农民工个人不缴费”状况下,用人单位存在的逆选择和道德风险都增加了事故的发生。劳动合同执行不严,工伤保险参保率低下、事故理赔弱势地位等现象表明农民工集体团结权抗衡合力缺乏,市场与非市场程序因素负面影响显著。我国现行工伤保险制度是以工伤或职业病等职业伤害为标的的社会保险,具有基金稳定、同质风险单位众多、制度立法层次高以及费率科学合理等多种优势,是一种对劳动者在生产、工作过程中因意外所造成的负伤、致残、死亡或患职业病补偿的制度形式。客观事实表明,这是现阶段农民工工伤风险保障的最优制度安排,但制度本身缺陷以及相关法律法规不健全的制约使目前农民工工伤保险供给与需求未能达到均衡。现阶段,我国社会保障多采取地市分级统筹,作为理性经济人,地方政府、企业、工伤经办及医疗服务机构等相关利益集团都将从自身利益最大化出发而作为,这必然导致试行方案实施效果与政策目标间存在差距。地方政府为保持劳动力廉价优势,为争取本地利益绩效最优,缺乏将农民工纳入工伤保障体系积极性,特别在涉及农民工跨统筹地域流动时,这种色彩表现得尤为显著；而企业本身是一种追求经济效益的赢利性单位,对于经济利益分配具有极端排他倾向,基于“经济人”立场,很可能在非法与合法方式行为间选择对自己最有利的行为,在不同程度上损害了农民工的职业安全与劳动保护利益；于农民工而言,享有城镇职工同等社会保障权益,被纳入工伤社会保障网是种本能愿望,但作为弱势群体,在与资方的博弈中,他们不敢也没有能力主张职业安全与劳动权益保障,如果企业因参保而减少工作机会,他们将主动放弃相关权益,甚至将其视为寻找工作障碍产生反感,在工伤保险参保问题上表现出较强的短视倾向。综上所述,文章认为,农民工与政府及资方的博奕结果不容乐观,劳动保护硬环境具一定刚性,短期内难以取得较大改观。基于社会公平正义以及资源配置最优政策目标实现,在工伤侵权救济、雇主责任保险以及工伤保险等多种救济形式并存状态下,应当适用利于农民工方面的模式安排。有必要建立一个由政府监管、企业责任、工会维权、卫生服务以及社会救助构成的多元保障机制,有必要加速推行“预防-康复-补偿”三位一体型工伤保险模式,有必要在督促社会各方责任履行的基础上共同维护农民工工伤风险保障权益实现。更多还原

【Abstract】 With the acceleration of industrialization and urbanization, rural migrant workers are becoming main part of industrial workers and thus account for a large proportion of urban workforce. In reality, rural migrant workers mostly carry on jobs which are labor-consuming, dirty and dangerous. Naturally, when they are going through the professional transition from farmers to workers, they are facing a series of problems among which they are the main victims of work-related injuries and occupational diseases, which are becoming more and more serious determined by the high risk underlying in the jobs. And how to guard against work-related accident has become the biggest problem which is secondary to the wage dispute..Poverty plus their limited power to bear risks have weakened rural migrant workers’awareness of work-related accident insurance, meanwhile, "work-related accident insurance regulation "stipulates that insurance premium duty should be shared between employer and related social institution, under this background, the probability of accident will increase due to the employer’s adverse selection and moral hazard. Phenomena such as poor enforcement of labor contract, low rate of participation in work-related accident insurance as well as lack of access to claim indemnity evidence that migrant workers’ fight for their interests as a union is not in place, which has been negatively influenced by market and non-market factors to a large extend.In China, the work-related accident insurance system in force is a kind of social insurance targeted at professional injuries like work-related injuries and occupational diseases with many advantages such as stability in fund sources, large quantity of homogeneous units in terms of risk, high tier of authority in the relative law making and reasonable rate of premium. It is a system used to compensate those workers who suffer from accidental injuries, disability, death or occupational diseases in the course of work process. According to some facts, it is so far the best system arrangement in work-related insurance to migrant workers. However, the disequilibrium between supply and demand of migrant workers’ work-related accident insurance still exists due to the deficiency in the system itself and the lack of integrity of relative laws and regulations.At the present stage, there exists unified accumulation which is based on city classification in our country’s social security. As a rational economic man, local government, business, injury management agencies and medical service agencies are also considering to maximize their own interests, which are inevitably lead to a large gap between implementation effect and policy objectives exists in the pilot program.To maintain the advantage of cheap labor force, and for the best performance of local interests, local governments lack of the enthusiasm to enroll migrant rural workers into the injury security system, especially when migrant rural workers flows in different regions which are not the same unified accumulation, the phenomenon is particularly significant. The company itself is a profitable unit of pursuing of economic benefits, and has the extremely exclusive tendencies for the distribution of economic benefits. Based on the position of a economic man, it is very likely to choose the behavior that is of their best benefits between an illegal and legitimate way, which damage the occupational safety and labor protection benefits of migrant rural workers at different levels. As far as migrant rural workers are concerned, it is a instinctive desire to enjoy social security rights that is equal to urban workers, and be enrolled into the injury social safety net. However, as a vulnerable group, with employers in the game, they dare not and don’t have the ability to claim occupational safety and labor rights protection. If the corporations’occupation is reduced due to the enrolling of insurance, they will give up the relevant rights and interests, and even seem it as a barrier for the job hunting to produce the resentments, displaying a strong short-sighted tendency on the injury insurance enrolling program.From what has been discussed above, the article argues that game results among the rural migrant workers、the government and employers are not optimistic, the nurturing environments of labor protection have certain rigidity, and it is difficult to achieve improvement in the short term. Based on the policy objectives of social justice and the optimal allocation of resources, and in the coexistence of various forms, such as the relief of injury tort, employers’liability insurance, injury insurance and so on, it is necessary to adopt the pattern arrangement that is benefit to the rural migrant workers. It is necessary to establish the multiple security mechanisms constituted by government supervise, corporation responsibility, fighting for rights by labor union, health service system and social assistance system. It is necessary to accelerate the pace of implementation of "Prevention-Rehabilitation-Compensation" trinity-type of injury insurance. It is also necessary to jointly safeguard the rights of migrant rural workers to achieve injury risk protection on the basis of supervising the fulfillment of social responsibilities by all parties.更多还原