Research On Confirmation Problems Of The Industrial Injury

The confirmation system of industrial injury is the starting point and foundation of the legal system of the industrial injury insurance, and also it is the premise and guarantee with which the laborers could get industrial injury insurance treatment. In realistic society, the disputes related to the confirmation of industrial injury are multiple, with the largest proportion in the disputes related to labor and social security. The focus of controversy concentrated in the substantive requirements and procedural requirements which are indispensable for the confirmation of industrial injury. According to the current law, provisions of the substantive requirements are vague, which lead to frequent dispute about the range of industrial injuries, and it focus on the confirmation of the labor relations and the standard of working time,work site and working reason.They all need to be exhausted. On the question of the procedural requirements, the program design is with the administrative confirmation by the department of labor security administration as the core, and with administrative review and administrative litigation for relief. Coupled with the join of the labor dispute program which caused by the confirmation of the labor relations. All of these make the whole industrial injury process extremely complicated, and cause many conflicts of administrative power and judicial power, thus the procedural requirements of industrial injury also need to be integrated. The legal system of industrial injury is maintained by substantive requirements and procedural requirements. The two parts close coordinate, supplement each other. Only by the way of doing common efforts from two aspects, the legal system of industrial injury could be fully integrated and the legal system of the industrial injury insurance can play a better role. This dissertation researches on the confirmation system of industrial injury includes four chapters.The first chapter is general introduction to the confirmation system of industrial injury, including the definition of basic concepts and value analysis on the system But the key is clarifying the position, function of the confirmation system of industrial injury in the whole system of industrial injury insurance, and then draws a conclusion on the principles should stick to in order to ensure the realization of the value.The second chapter is the analysis of the substantive requirements of the industrial injury. First is the definition of the labor relations which is the premise condition, with "the dependency" as the standard. And then analyze the definition of the not-standardized labor relations and the confusing relations such as employment relationship. Secondly, the definition of the key condition is in the way of defining working time,work site and working reason respectively,then making proper restriction and expand. Finally, according to the current legislation in our country and the provisions and the practical experiences in Germany and the United States, put forward the author's advice to review.The third chapter is the examining of the procedural requirements of the industrial injury. At first, the whole procedure chain is presented in order, including industrial injury application procedure, substantial trial procedure, disputes and relief procedure. Secondly, analyze a variety of problems that existing in the whole procedure chains, including but not limited to:the procedures are complicated, the positioning of the power of confirming industrial injury is not clear, the administrative power and judicial power often conflict, and then discuss their causes. Finally, combined with foreign advanced experience and the theory and practice in our country, sum up and discuss, and then seek the solution.The fourth chapter is the general analysis combined with entity and procedure to the typical situation that more controversial and also more difficult to be identified in reality, unfold according to a certain logic relationship. This paper selects the typical situation of liability concurrence that the injury in the traffic accident on the way going to work or going bank from work, and then the typical situation of reasons concurrence that happening of emergent disease leading to death or injury of the labor. For the above two kinds of circumstances, analyze and discuss the legislation present situation, the controversial and its cause and how to confirm whether it constitutes industrial injury or not.