Research On The Improvement Of Standards Related Injuries Identification

Work injury identification system is the basis of the work-related injury insurance legal system and the premise and guarantee of getting the work injury insurance benefits for workers.Standards of work injury identification is directly related to the protection of workers rights and interests as well as the stability of labor relations.In recent years,the legislation of work injury identification standards in China has been gradually improved, but there are still many problems,such as the current "Three Elements" standard of work injury identification is too harsh and the legal language is fuzzy;the standard of situations regarded as work injury,to some extent, expands the responsibility of employers improperly;the exclusion criteria are too general and ignore the the application of special situation,which causes the difficulty in cognizance work injury and the damage in laborers' legal rights and interests, etc.So, improving the standards related injuries identification has great theoretical and practical significance.So,combing with the current trial practice and theory in China,it will discuss the main problem about the standards related injuries identification, in order to improve the standards related injuries identification in China.The first chapter briefly introduces the basic situation of typical cases,reflected some controversies about work injury criteria in practice,and then briefly reveal the main problems faced by current standards related work injuries.The second chapter introduces the basic theory related work injuries,mainly includes the concept of work-related injuries,the concept and value function of industrial injury,the general principles related work injuries and so on.The generalized work injury,typically includes narrow work injury and occupational disease.This paper mainly discusses the narrow work injury.General principles related work injuries in our country is not clear and systematic,only scattered some of the legal provisions,which is of great significance for industrial injury system instruction.By doing this theoretical groundwork for the following section, it's easy to study the issues in depth.The third chapter describes the current work injuries standards in China and its problems.Through the analysis,targeted and scientific problems about work injury identification standards are put forward.For those problems,three aspects are mainly detailed in this paper: "Three Elements" standard of work injury identification,the standard of situations regarded as work injury,the exclusion criteria related work injury.The fourth chapter describes the study and reference about foreign standards related work injuries.By introducing the outstanding legislative experience on standards related work injuries from United States, Germany, Japan and other countries and doing lateral comparison for industrial injury standard,it is easy to learn from their advanced legislative idea,to inspire the thinking for the improvement and perfect of Chinese industrial injury system,which is based on our current application of the standard to the specific case.The fifth chapter describes the recommendations to improve standards of work injury identification.For the three main questions raised above,this paper put forward reasonable suggestions to perfect our country's industrial injury criteria.Establishing the social law concept as the core guiding ideology,according to the causal theory as substantive support,using the enumeration definition and general definition to improve our standards of work injury identification,it can make the legal system scientific and then protect the legitimate rights and interests of workers.