法医学杂志 ›› 1989, Vol. 0 ›› Issue (4): 1-5.

• 论文 •    下一篇

我国职工的精神损害赔偿

陈忠保;   

  • 发布日期:1989-08-25 出版日期:1989-08-28

Worker's Claim for Mental Injury in,Enterprise

CHEN ZHONG-BAO RESEARCH FELLOW OF FORENSIC PSYCHIATRY   

  • Online:1989-08-25 Published:1989-08-28

摘要: <正> 我国政府为了保障职工的福利,已颁布和实施《中华人民共和国劳动保险条例》。其中优惠的条款远远超过一般人身保险赔偿金的规定,不但包括职工因工或在工作期内受伤、患病、残废、或死亡的赔偿金,以及退休养老补助金,而且非因工的受伤或残废,或退休后的伤、病、残和死亡,都能享

Abstract: There has been a significant increase in worker's claim for mental injury during recent years.Such an injury,however,is compensated within the scope of civil liability,but it is possessed of a specific nature which are quite different from ordinary mental injury in torts. For instance,its eompensation terms for injured workers are fully provided on the basis of a statute,viz.,the Labour Insurance Regula- tions.According to the favourable terms as beneficial treatment of the statute,neither the principle of liability without fault nor the condi- tion immune from liability can be the resort on the executive or manager part,and the element of the relationship of cause and effect also seems losing its significance.Fhrthermore,being satisfied with the compensation speculated in the Labour Insurance Regulation,the mentally injured workers are exempted from taking the burden of proof and undergoing the expert's testimony of forensic psychiatry.On the contrary,most mentally injured workers in foreign enterprise abroad should stand for expertise that they usually bring actions against their employers concurrently at the moment they claim for the favour-de- ficient labour insurance funds.