Analysis About The Legal System Of The Industrial Injury

Injure accident in work is a great social problem which industrial society is facing, it relates with worker's right of existence and personal right, the use and provision of social insurance fund is related as well. Proper identification of injure accident is the foundation which worker can get insurance compensation for injure and compensation for accident injure in work. Nowadays, there're quite a lot of problems to be solved in the work of identification about injure in work, this thesis tries to study the following problems:In the meaning of labor law, injure in work is the damage in accident or professional disease workers suffer who formed a working relation with employers, it makes a distinction between the injure in work which has a foundation on civil relation or organizational affiliation.; identification of injure accident is a concrete administrative action taken by Work Guarantee Administrative Department, it aims at the identification of injure fact and the degree. Injured worker or employee may put forward a administrative review or law suit when disagree with the identification of injure accident.In the substantial problem about identification of injure accident, it's quite important to ascertain whether there exits labor relation, we must properly distinguish legal labor relation from illegal labor relation and the labor relation from personal relation; strictly identify injure accident according to lawful standard about identification of injure accident, meanwhile, we must aware of the shortage and deficiency of the regulation now available and suggest to improve and perfect it.In the procedural problems in problem about identification of injure accident, this thesis recalculates the period in the identification of injure accident to the Work Guarantee Administrative Department, and it also studies the period efficacy in the second identification of injure accident after review; In order to perfect the identification procedure, I boldly put forward a suggestion that the identification should be brought into hearing-procedure and special procedure should be applied, I deeply analysis and ponder over both of them in the necessity and feasibility as well.