Research On The Legal Issues Of The Identification Standard Of Work Injury In My Country

As an important part of the legal system of work-related injury,the standard of work-related injury is the basis of measuring whether the injured workers are injured or not.Whether the standard setting is reasonable or not is directly related to the vital interests of injured employees.Under the background of gradually perfecting the legal system of industrial injury insurance,the research on the standard of industrial injury in China has never ceased in theoretical and practical circles.Based on the introduction of the theory of industrial injury identification,this paper analyzes the existing problems in our country through the introduction of several controversial cases,and based on the actual situation in our country,based on the advanced experience of establishing the standards,From the definition of industrial injury,the author puts forward some suggestions on how to improve the present standard of industrial injury.In addition to the introduction,the text,the text is divided into four parts:The first part:An Overview of the Standard of Industrial Injury.Through the introduction of the concept of work-related injuries and work injury identified on China's work injury identified a preliminary understanding.After introducing the development of the standard of industrial injury in China,the author introduces the current standard of occupational injury in China.The standards of the three standards are the main ones,and the specific standard of each case is different.The second part:A Comparative Study on the Standard of Industrial Injury.Through the introduction of the United States,Japan and Germany the standard of work injury identified standards,especially in the country on the way to get off work,the sudden illness of the provisions of work-related injuries,while focusing on work-related and different emphasis on China's work injury identified Revelation.The third part:An Analysis of the Problems in the Standard of Industrial Injury in China.The paper analyzes the existing problems of the standard of industrial injury:the concept of work-related injury is missing;the relevant legal concepts are ambiguous;the standard of work-related work is too harsh;the standard of work-related injury and illness Reasonable;as the standard does not meet the concept of injury;exclude the case is too absolute and so on.The fourth part:Suggestions on Perfecting the Standard of Industrial Injury in China.Based on the current situation of work injury insurance in China and the fair and reasonable point of view,this paper tries to perfect the standard of industrial injury in China from the following aspects:The standard of industrial injury should reflect the compensation of industrial injury insurance,and protect the laborers at the same time.The author points out that the concept of work-related injury is the general standard of work-related injury,the important condition is causality theory,the cause is the core standard of work-related injury,the working time and workplace legal concept are defined,Focusing on improving the way to work-related injuries and sudden illnesses that work injury standards,and strive to make our work-related injury to determine the standard more fair and reasonable.