Study On Legal System Of Administrative Certification Of Work Injury In China

As an act of administrative confirmation,administrative certification of work injury is a form of labor protection method that protects the basic rights of workers.As playing an active and effective role in promoting economic development and maintaining a good social order and ensuring social stability,it has become a measure to protect the rights of injured workers.However,due to the lack of theoretical research on administrative certification of work injury and the lagging legal system,the legal system of administrative certification of work injury cannot adapt to the requirements of the new situation.As an administration staff who has been engaged in the administrative certification of work injury for many years,the author deeply feels the urgency to perfect the research and system of administrative certification of work injury in the work practice.From the actual situation of China's administrative certification of work injury,based on the basic theories of administrative certification of work injury,focused on improving administrative certification of work injury,and relied on the improvement of the function of administrative remedy of administrative certification of work injury,this article provides guidance solution for the further improvement of the legal system of administrative certification of work injury in China,to achieve a harmonious interaction between administrative body of work injury certification,employers and laborers,strengthen the right relief of injured laborers,and promote the harmonious development of labor relations.This paper redefines the concept of administrative certification of work injury in China,further analyzes the practical problems in the administrative certification of work injury,and concrete measures and suggestions to improve the legal system of administrative certification of work injury in China by combining the system experience of foreign administrative certification of work injury in other countries to contribute to its development.In addition to the introduction and conclusions,this article consists of a total of five chapters.The first chapter mainly elaborates the theoretical basis of administrative certification of work injury.The focus of this chapter is to clarify the concept of administrative certification of work injury,that is,administrative certification of work injury refers to a kind of administrative confirmation behavior that the subjects of the statutory administrative certification of work injury judges judge that whether the physical and mental injury of employee caused by the work during the employment within its terms of reference based on the application of administrative counterparts such as injured workers and employers.Physical damage refers to physical damage to a person's body caused by work during employment.Physical damage generally includes physical damage,chemical damage,biological damage,etc.,as well as occupational disease injuries that are commonly referred to in law.Mental damage refers to the inner damage or trauma to the employee caused by work during employment.Psychological damage usually includes post-accident stimulatory disorders and major depressive disorders.Besides,by combing the concepts within the scope of administrative law,this chapter establishes human rights protection,power control,and public services as the concepts of administrative certification of work injury and summarizes the principles of the administrative certification of work injury legal system,that is,"Statutory Principle"?"Due Process Principle","Efficiency Principle","Scientific Principles”,"Inclined Protection Principles",and "No-fault Principles".The above content serves as the basis for the theoretical study of the administrative certification of work injury in this paper.The second chapter summarizes the historical evolution of the legal system of administrative certification of work injury in China.Through the historical review of the legal system of administrative certification of work injury in China during the three stages of formation,development and improvement,this chapter reviews the development of the legal system of administrative certification of work injury in China,and describes the legal relationship,the administrative procedures,and the administrative relief status of the current legal system of administrative certification of work injury.From the views of administrative legislation,administrative subjects,administrative procedures,relief mechanisms and other aspects in the legal system of the administrative certification of work injury,the third chapter deals with the institutional,interest protection,and scientific aspects of the administrative legislation of the legal system of administrative certification of work injury,the constitutional mechanisms,the functional authority,the staffing of the administrative subject system,the fairness,efficiency and contradiction of administrative procedures,and the limitations,adaptability,and efficiency of the administrative relief system.As the legal system of administrative certification of work injury is gradually established in China,the problems are inevitable in the development process.The reform of the legal system of administrative certification of work injury requires innovation,so it is necessary to improve the legal system of the administrative certification of work injury in our country by learning experience of the legal system of administrative certification of work injury in other countries.Therefore,the fourth chapter of this paper explores the progress of the development of administrative certification of work injury in other countries,as well as the legal institutions of their administrative certification of work injury,to provide reference for the improvement of the legal system of administrative certification of work injury in our country.Perfecting the legal system construction of administrative certification of work injury not only realizes the actual needs of human rights protection for injured workers,but also promotes the internal requirements of the administrative rule of the administrative certification of work injury.Therefore,in the fifth chapter,this paper puts forward some specific suggestions,which should enhance the authority of legislation,strengthen the protection of legislative bias,and promote the realization of scientific legislation;in the aspect of the legal system of administrative subjects,the reform of the work injury administration certification system should be promoted,the legalization of the subjects of the work responsibility administrative certification should be realized,the standardization of the subjects of the administrative certification of work injury body should be strengthened,and legal relationship between the subjects of the administrative certification of work injury and the relevant subjects should be straightened out.In perfecting the legal system of administrative procedures for China's administrative certification of work injury,it is necessary to first solidify the equality of administrative procedures for administrative certification of work injury,and then to further simplify the procedures and optimize the evidence system for administrative certification of work injury.In terms of improving the administrative relief system,it is recommended to use methods and means to further form a complete legal remedy for the legal system of the work injury administrative certification,such as constructing a work injury administrative certification committee during the administrative reconsideration stage and improving the judicial relief mechanism for work injury administrative certification,trying to construct an administrative public interest litigation system for work injury administrative certification,and improving the administrative relief efficiency of the work injury administrative certification.