Research On Standards For The Determination Of Work-Related Injuries

With the development of industrial civilization, the conflicts between labor and employer became more and more intensified,as a regulator,industrial injury insurance played an important role in resolving disputes between labor and employer. The identification of work-related injury as the most important critical part of the industrial injury insurance, is the basis of the good operation of the whole industrial injury insurance, is related to whether the workers can enjoy the treatment of industrial injury insurance. Determination of the work-related injury in our country has experienced a process that changes from not recognized to recognized gradually and from one-sided to perfect gradually. Although legal regulations tend to be perfect,there are still a lot of problems about the identification of commuter work-related injuries. These questions not only affected the legitimate rights and interests of workers and enterprises seriously,but also creates a great threat to the construction of harmonious labor relations.At present, the regulations on the determination of work-related injuries in China is the revision of regulations on Industrial Injury Insurance in 2010 and Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance in 2014,compared to several previous legal provisions,this modification is more scientific and standardized,which has made a great progress.It not only expanded the scope of the accident(including the controversial nonmotor vehicle accidents and urban rail transit,and train accidents),but also made a further explanation about “on the way to and from work”.But for the laws,life is too complicated to reach every aspect of a matter.therefore,there are a lot of controversies on how to define “on the way to and from work”.In this paper, it aims to find out the deficiency and defect of the current law and put forward our own opinions for the improvement of the identification of work-related injuries in our country mainly through combing the basic concepts and theories of work-related injury identification and comparing with other countries and regions about the legal provisions of work-related injury.