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农民工具有就业灵活、风险防范意识薄弱、维权能力不足等特点,与城镇职工存在巨大差别。简单地把农民工纳入到《工伤保险条例》,更加凸显了合同限制、企业“弱处罚”、工伤认定复杂等制度缺陷,不能有效保障农民工的工伤保险权益。各利益主体意识刚性、传统城乡二元分割的制度约束、法治进程缓慢等因素阻碍了现行制度的实施、变迁和完善。文章建议走中间扩散性制度变迁道路,构建以政府为主导的企业、农民工和社会力量协同互补的农民工工伤保险运行模式,逐步实现城乡统一、“预防—补偿—康复”三位一体、法治保障的制度建设目标。
Migrant workers have the characteristics of employment flexibility, weak risk prevention awareness and inadequate capacity of safeguarding their rights. There are huge differences with urban workers. Simply incorporating migrant workers into the Regulations on Work-related Injury Insurance further highlights institutional defects such as contractual restrictions, corporate weak penalties and complicated industrial injuries, which can not effectively protect the rights and interests of industrial injury insurance for migrant workers. The rigidity of the various stakeholders, the institutional constraints of the traditional urban-rural dualism and the slow progress of the rule of law have hindered the implementation, change and improvement of the current system. The article suggests taking the middle of diffusive institutional change and building a government-led enterprise, migrant workers and social forces working together to complement the peasant workers’ work injury insurance mode of operation, and gradually realize the unity of urban and rural areas, “prevention - compensation - rehabilitation” trinity, the rule of law Guarantee the goal of system construction.