Problems And Improvements Of The System Of Industrial Injury Identification In China

The social security system is regarded as the country's last safety net,which means that if a country wants long-term stability,it must improve the social security system.The industrial injury insurance system is an important part of the social security system.It plays an inestimable role in the protection of workers' rights and interests.Along with the rapid economic development in China and the frequent occurrence of all kinds of industrial accidents,workers need timely relief after work injuries in order to reduce the harm caused by accidents.The identification of industrial injury is the prerequisite for workers to obtain relief.Only through the identification of industrial injury,workers have the qualification to enjoy industrial injury insurance treatment.In recent years,the problem of industrial injury identification has become more and more prominent.It is very difficult for activists to protect their rights after work injury,and it has become a social problem that needs to be solved urgently.It is urgent to perfect the system of industrial injury recognition.If you want to perfect a system,you must discover the problems existing in the system.Only from solving the problem can you start from solving the problem.In order to fundamentally improve the current system of industrial injury identification.First of all,we should understand the basic theory and legislative status of China's industrial injury recognition system.To study the problem of industrial injury identification system,we should fully understand the connotation of industrial injury and industrial injury identification.The abstract concept of industrial injury is not clearly stipulated in our country's law.We need to grasp the connotation of industrial injury from the legislative purpose of industrial injury system and the constituent elements of industrial injury.It reflects the important role of industrial injury identification in the system of industrial injury insurance and the protection of the dual interests of workers and employers.In addition,it is necessary to understand the current legislative situation and relevant judicial interpretations of the system of industrial injury identification.After studying the current legislation,we know that the current system of industrial injury identification in China mainly includes two aspects:the identification standard and the identification procedure,which are the core of the work injury identification system and need to be discussed separately.Secondly,we should know the current standards and problems of industrial injury identification in our country.The standard of industrial injury identification is the substantive content of the industrial injury recognition system.The accident injury suffered by the laborer can only be recognized as an industrial injury if it meets the standard of determining the injury.The problem of the standard for the determination of the industrial injury mainly revolves around the standard of three elements,which is regarded as the standard of the injury at work and the standard of excluding the work injury.These three standards are the main basis of the current industrial injury identification.In practice,the unreasonable regulation of the three standards has caused a lot of disputes over the identification of industrial injuries,so it is necessary to fully understand the problems existing in the standards for the identification of industrial injuries in order to solve the problems.Furthermore,It is also necessary to make clear the current procedures and problems existing in the identification of work-related injuries in our country.From application,acceptance and examination,decision making to relief procedures,this complete set of identification procedures is aimed at identifying injured workers at work injuries.However,there are still many unreasonableness to be improved.The order and scope of the main body of the application,the stipulation of the time limit of the application and the complexity of the identification procedure are all worthy of further consideration.The current industrial injury identification system in China is in urgent need of efficient and reasonable identification procedures.Finally,we need to return to the problem itself in order to improve the system of determining work-related injuries.If we want to further develop the system,It is necessary to perfect the current standards and procedures for the determination of work-related injuries.The advanced setting of the standards and procedures for the identification of industrial injuries in developed countries in foreign industrial injury insurance systems has given our country some inspiration.Combined with these revelations and based on the reality and existing problems of the system of industrial injury identification in our country,some suggestions are put forward to perfect the system:in the aspect of the standard of industrial injury identification,the model of definition and enumeration should be carried out.In addition,it is necessary to perfect the relevant provisions regarding the standard of industrial injury and the exclusion of the standard of industrial injury.The order and scope of the main body of the application should be readjusted,and the time limit of the application procedure should be further improved.In addition,Should also set up hearing procedure and simplify inductrial injury cognizance procedure.To simplify the procedure for determining work-related injuries,it is also necessary to explore the root causes of the lengthy and complex identification process,that is,the employer does not purchase work-related injury insurance for its employees.In order to reduce the real industrial injury disputes,we should strengthen the collection and punishment of the employer's industrial injury insurance.