On The Improvement Of Standards Related Injuries

Standard provisions related injuries related to the protection of the rights of workers and stable relationship between employers and employees. In recent years, with the advance of economic and social development and the rule of construction in our country, legislation related injuries standards gradually improved, but there are still many problems, there is need for further research. This paper uses a comparative analysis of the historical method to analyze and value analysis and other work-related injuries in the extraterritorial legislation that standard comparison and History and Development of standards of conduct related injuries on the basis of the inspection, noting China’s current standards related injuries legislative problems still exist, and make recommendations accordingly.The paper is divided into five parts, the basic content is as follows:The first part of the work-related injuries and to explore related concepts. Workers apply for work injury insurance benefits must be determined by the certification process, and standards related injuries are the fundamental basis for work-related injuries identified in the country, the standard related injuries related content main provisions in the "Work Injury Insurance Regulations", which includes the general work injury, But the work is not considered to injury hurt the case and this is the subject of several injuries but cited the case were excluded.The second part related injuries standards compare extraterritorial legislation. In this section introduces several major national standards related injuries related legislation, and then analyzes these countries in legislation related injuries standards of reference. From Germany, the United States and Japan, several major national legislation concerning the required standards related injuries can be seen, no matter what differences exist conditions or legislative models in various countries, and its related injuries standards reflect the essential characteristics of injuries that "harm and work-related, " In contrast, China’s " deemed work-related injuries, " stipulates the existence of national corporate responsibility onto the suspect, it is unreasonable.The third part examines the evolution and current situation of China’s legislative standards related injuries. In this section, the author introduces the legislative history of injuries that standard, and interpretation of existing injuries identified legislation. Our injury insurance system originated in the 1950 s, as a result of China’s social security system was established relatively late, so immature in the legislation, the existing "industrial injury insurance regulations," "Measures related injuries" and "People’s Republic of China occupational Prevention Act " is the main legal basis for the executive branch of our country for work injuries or occupational diseases were related injuries of workers.Part IV analyzes the content standards related injuries and problems in terms of legislative model. This section lists the general provisions of the injury, the "deemed injury" provisions relating to "exclude injury" provisions and provisions exist in several occupational aspects were carried out specialized analysis. I believe that, with the development of China’s social and economic system related injuries experienced reform and legislative practice many times, but the standard provisions related injuries are still not clear our current "Work Injury Insurance Regulations", not specific, many legal provisions presented fuzzy state, is not conducive to the effective protection of workers; for "deemed work-related injuries," the provisions of the lack of scientific theory; there are some issues of provision of occupational diseases, occupational diseases based solely on the type of conduct prescribed occupational directory not found conducive to the protection of workers.The fifth part of the general provisions cited injuries, the "deemed work-related injuries," the provisions relating to "exclude injury," the provisions of these regulations and occupational aspects, the recommendations put forward to improve our standard of legislation related injuries. In addition, this section also discuss related injuries related supporting standards system. The author believes that the workers hurt in safeguarding national interests and the public interest activities, or has been made disabled veterans license this category of workers, special care should be provided protection by society and should not be included in work injury insurance system.