| Work-Related injuries system, is an important component of work-injuries legal system, workers enjoying the pre-injury insurance program and the fundamental basis, the provisions of its content directly related to the protection of the rights of workers and stable relationship between employers and employees. "Work-Injury Insurance Regulations," the injury is found to resolve the important legal basis for the work injury disputes. From 04 to 10 years, only 5 years to be "amending the law," the Chinese judiciary has so far called the "amending the law" in the history of precedent. From the comparison of old and new regulations, legislation related injuries on our country's progress and shortcomings are summarized, in-depth and detailed analysis lead to related injuries difficult, and current lack of timely protection of labor rights, raising proposes reform and measuresin order for our legal system related injuries benefit of improving.This article from the introduction, body, conclusion of three parts, of which the body consists of four parts:Part I: The nature and value of work-related injury analysis. Work-related Injury, also known as occupational injury, is on the enterprise employees in production jobs, engaging in productive labor-related work, or because of working conditions, work environment and other causes personal injury caused by accident or occupational disease. But the injury is only a concept of rational science, difficult to define exactly; from a global perspective, the continuous development of social and political economy, the gradual strengthening awareness of human rights protection and the intensification of labor conflicts and other reasons, there are the employment injury cases agradully expand. The concept of relative uncertainty of injury, related injuries are a legal nature. Related injuries is the national authorities in accordance with national policies, regulations, determining the employee injury or occupational disease caused by the public or not because the public caused by the fact. Related injuries is a specific administrative act, employees entitled to industrial injury insurance casualty pre-treatment process and fundamental basis, the protection of legitimate rights and interests of workers, maintaining social stability and harmony of great significance.Part II: The system of the development process work-related injuries. Our comprehensive reviews on the development of the legal system related injuries course, the most important is the implementation of 2004, "Work-Injury Insurance Regulations", providing work-related injuries identified by the coordinating regional labor and social security departments to make, and from the working time, workplace, cause of ,and for what the related in injuries on the list-style rules.2004 "Work-Injury Insurance Regulations," the announcement make the legal system in China show signs of injury identified prototype, but with the social and economic development and the promotion of judicial practice, the existing legal system work-related injuries that gradually exposed some of its unreasonable and need tothe times, to improve In.2010 "Industrial Insurance Rules" was amended to expand the scope of the work injury insurance and work injury on the scope of work and streamline the processing of the related injuries. Part III: From the Old and New "Injury Insurance Regulations," Comparative analysis of the injuries identified in the legal system, the system must identify the injury progress and he combination of the practice of dealing with work-related injuries and disputes can be drawn about the legal analysis of "Work-Injury Insurance Regulations," the change is not comprehensive, profound, the most prominent place is related injuries that agencies sets is unreasonable." Law is the last line of defence of protecting the rights of citizens" while the current law does not give the court finds that the final decision on the right of work-related injuries, which leads judicial power, executive power conflict, protracted disputes injury, resulting that the law protection of the weak position of workers can not get timely and effective implementation.Meanwhile, the present paper to discuss my very warm, "death from overwork" is whether work-related injuries, with "Foxconn 12-jump" case, putting forward some own point : for the "worker committed suicide due to work reasons" whether identified as work-related injuries, we need use perspective to see problem specific analysis to specific issues. If the management system is due to problems with the employer management employer has the phenomenon of forced overtime, or overtime, which leads to workers physically and mentally fatigued, there unbearable the psychological pressure, leading to the emergence of casualties, after investigation, the situation is exactly true, can be identified as work-related injuries; If it is due, not individual workers or family psychological consequences of causes, even if the great pressure of work should not be recognized as work-related injuries.Part IV: From the relevant legislation with extraterritorial legal system ,we can find the prospect of work-related injuries of China Accreditation System for the drawbacks of work-related injuries, someone determine to abolish the injury. For this view, I relate to the combination of the basis of extraterritorial, putting forward own view: China should continue to retain related injuries, and to make further changes; further define the standard of work-related injuries that standard, the general provisions of the development related injuries, while adhering to the "Tempering" legislative concept, without increasing the risk of employers to expand work-related injuries identified under the premise of limited scope, to better protect the legitimate rights and interests of workers; the institutional reforms related injuries: The court has the final decision right on the work-related injuries; the labor security administrative continues to be responsible for work injury insurance, The court and labor arbitration has the right of identifying the non-emplayment injury insurance ; make the work-related injuries more reasonable on the system.
|
PDF Full Text Request