The Industrial Injury Affirms The Administration Behavior Law Problem Research

Along with the mankind's social productivity from the simple way development of the handicraft type greatly into the machine style, the material wealth brings the mankind 's life to happiness and gradually in the meantime, it also brings the mankind's life the by-product of physiology .The frequencies of the industrial accidents test the confidence of the balance coordination of mankind's society pursuing to maximize the economic benefits and the social benefits . hence there is the stage of the legal rights and obligations for the organizers of the workers and the workers themselves.Our labor guarantee administrative department are facing some problems of the administration behavior of the industrial injury affirms .Particularly at the minoral position ,the worker applying for the affirmation of the industrial injury usually can not get the valid protection and salvage in time ,and the existing administration litigation mode of industrial injury affirms is far away from regularity .Therefore ,it is necessary to comb the law problem of the administration behavior of the existing industrial injury affirms.From the angle of the substantial evidence,the writer tries to start from the combination of the administrative law and the labor law to find out the outlet of the system 's difficity of industrial injury affirms.This text is consisted of four parts:The first part:The definition of the industrial injury affirms .This part firstly start from the angle of the concept of industrial injury in labor law ,and then furtherly definit the the concept of the administrative behavior of the industrial injury affirms ,in order to have a basic understanding of the industrial injury affirms.On this foundation and the introduction and investigation of the domestic and international industrial injury insurance system , it can lay the foundation for the continuation of analyzing the present condition and the existent problem of the administration behavior of the existing industrial injury affirms.The second part:The problem of the system of industrial injury affirms in our nation.The article refines two extremely typical problems in our country, at the basis of considering the present conditions of the administrative behavior of industrial injury affirms currently.Firstiy the obligation of offering the antilogy in the the processes of industrial injury affirms and the industrial injury administrative litigations disobeyies the substance justice. secondly as a method of the link of the labour lawsuit ,from the applying for industrial injury affirms to the end of civil lawsuit,the industrial injury affirms have too many processes .The third part:Analyze the legal theory foundation of the system of administrative behavior of industrial injury affirms in our nation.Analyze the characters of the labor guarantee administrative deparment's administrative behavior of the industrial injury affirms from the angle of administrative action in administrative law .Then provide the theories for the consideration of re- designing and adjusting the currently system of industrial injury affirms.The fouth part:Find out the choice and mode design of the predicamentan of the currently industrial injury affirms in our nation.According to the realistic condition of the industrial injury affirm system in our nation , the writer thinks that for the original intention of the safe power of the sake of the protection of the workers' personal rights,and the maintainance of the rightful systems of the body labors guarantee and the industrial injury affirms .The speculation of the writer is to adopt two kinds of path choices:Cut off the administrative litigation route of the industrial injury affirms , if the industrial injury affirms of the labor guarantee administrative department does not get arguments from both parties.If one part defies, he can bring up civil case in court ,alongwith investigateing the affirms of industrial injury,and then the result of the affirms can be a reference, following to decrease the cost of the two parties concerned .Or reformat the proof responsibility rule of offering in the administrative procedure of the existing industrial injury affirms and the administrative litigation procedure of the industrial injury affirms .In consideration of the speciality of the industrial injury affirms ,"the accused offer as proof principle can't be mechanical and misinterpret, but should see the different circumstances . the judge has the right to cut the quantity power freely in taking up the industrial injury affirms in the administrative litigation case .