Research On The Legal Issues Of Industrial Injury Determination

With the rapid development of China's industrialization,the risks of new occupational disasters to workers are increasing.In order to safeguard the rights and interests of workers,all countries have established a system of industrial injury insurance to compensate workers for the occupational injury,to ease the relationship between workers and employers.And inductrial injury is identified as the core of inductrial injury insurance system,only be identified as inductrial injury,laborer can enjoy the rights and interests that inductrial injury insurance system brings.Because our country inductrial injury insurance system starts late,our country inductrial injury affirming in the practice appeared a lot of did not have the circumstance of regulation,bring about laborer safeguard rights difficulty,go against the further development of our country industrialization.In this paper,by comparing the relevant provisions of the determination of industrial injury in foreign countries,and the analysis of the provisions of the determination of industrial injury in China,to explore the problems of the provisions of the determination of industrial injury in China,and put forward relevant Suggestions.The first part of the legal overview of industrial injury identification was discussed,workers to obtain industrial injury compensation will first be injured to identify as industrial injury,so it is necessary to first make clear the legal overview of industrial injury,and the overview of industrial injury identification is the basic basis for identifying industrial injury,including the concept of industrial injury identification,characteristics and role.The second part discusses the relevant regulations of foreign industrial injury recognition and the enlightenment of China's industrial injury recognition system,respectively introduces the legal systems of industrial injury recognition in Germany,the United States and Japan.America's core standard is "process of work";Japan adopts the standards of "business performance" and "business cause",and in combination with the relevant provisions of Germany,the United States and Japan,China should set up similar general provisions,expand the scope of injury recognition,and reform the organization of injury recognition.The third part discusses the current situation and existing problems of legislation of industrial injury recognition in China.China's industrial injury identification started late,but with the development of industrialization,many times in recent years,regulations on this.This paper expounds the legislative status of industrial injury recognition system from the two aspects of standards and procedures.It also points out that there are three main problems in the identification of industrial injury in China,namely,unclear standards,insufficient credibility in the identification of industrial injury institutions,and unreasonable procedures in the identification of industrial injury.The fourth part discusses the legal suggestion of perfecting the determination of industrial injury in our country.In the aspect of defining the standards of industrial injury recognition,the general provisions and restrictive provisions of industrial injury recognition should be set up,and some provisions of "regarded as industrial injury"should be amended.In terms of setting up professional occupational injury recognition agencies,a third party should be set up,a review committee of occupational injury recognition should be set up,and the qualification standards and selection and evaluation methods of employees with occupational injury recognition should be established.In the aspect of optimizing the procedure of inductrial injury identification,simplify the process by clarifying the sequence of inductrial injury identification and flexibly treating the materials needed for the application of inductrial injury identification,so as to save workers' time.