The Study On Recognization Of Works' Injury And Relief Procedure Of China

The problem of works'injuries is one of the major challenges when dealing with labor disputes. It is difficult to recognize works'injury, long cycle to be relieved and hard to obtain works'compensation is important tasks which much-needed to deal with for current research capture about works'injuries. The legislation of works'injury are started late in China, but the starting point was high and develops rapidly. As a populous country, how to safeguard this huge workers community fully, the key lies in constructs a set of scientific and rational system. Therefore, this should reflect the proper meaning of social security law from the substantive law to the procedural law.This article starts from the basic theory, which obtains the concept of recognization of works'injury, nature and the main functions of a detailed analysis to clarify the nature and value of recognization of works'injury to protect the employees to be received compensation who suffer injuries. Imposes employee' in works'accidents liability of compensation in the employers, reflecting the demand of the social overall interests. In order to achieve this purpose, it is needs to establish a series of principles and the standards. The principle of liability without fault of the legislative purpose to protect employees injured, the principle of tilt the protection of workers rights is the guiding principles of identified works'injuries, the principles of statutory and convenient and efficient for people are essential requirements of the work about recognization of works'injury. In the process of works'injuries identified, the"process of work"and"work-related"is the essence of the core content and standards. It is complex and tedious of the legislative relief process in our country. reflects the work injury insurance system could not handle labor disputes in the superiority of the need for administrative action and review system be abolished, would be turned over to social works'injuries identified that a higher degree of arbitration streamline the recognization of works'injury that the relief program. Legislation was recommended by the Commission select one of the relief system to give the insurance agency compensation for infringing a third party right of subrogation. Under certain conditions, set the community courts or the labor courts. Ensure that the injury determination and the efficiency of the remedial process which demonstrates the value of achieving equal protection of employees and procedures for physical justification.