Research On Judicial Review Of Determining Industrial Injury

The judicial review of determining industrial injury is very controversial in the administrative trail , and it is really difficult for administrative judges to tackle . There are two reasons , firstly ,some industrial injury cases become more and more complicated , Secondly ,the laws are usually out of time , and too abstract to understand . In this article , the author analyzed a great amount of latest cases concerning the determination of industrial injury according to The Labor Law and The Administrative Litigation Law , the author also did some researches on the judicial review of determining industrial injury , and discussed about the controversies existing in trail. In the first section, the author analyzed the concepts and traits of industrial injury , the determination of industry injury and the judicial review on the determination of industry injury. In the second section , the author did some researches on the history of worldwide industrial injury insurance systems, the author also concluded six principles in administrative trail. In the third section, some crucial contents concerning the judicial review of determining industrial injury were discussed in details . These crucial contents included the legitimacy of agency , the employees and the employers ,the labor-management relations and the determination of industrial injury situations. In the fourth section, the author discussed about the judicial review on the procedure of determining industrial injury, the burden of evidence . In the fifth section ,the author discussed about the problems existing in the judicial review on the starting of administrative procedure ,the employees and the employers , the determination of industrial injury situations, the author also discussed about some solutions to handle these problems.