A Study On The Perfection Of The System Of Identification Of Work Injury In China

Intuctrial injury insurance system, is a means of effective relief of industrial injuryworker. The establishment of it, can help to protect the interests of broard worker, dissolvethe contradiction of both sides of labour and capital, balance the two sides interests, stablethe social and economic development. But what kind of damage of the worker can beconsidered as inductrial injury? And what is the body of the department and the specificprocedures to cognizance inductrial injury? All these problems depend on the basis andpremise of inductrial injury insurance system—the system of industrial injury. With theimplementation of the <Regulations on Worker’s Compensation Insurance> in2004, ourcountry’s system has made more comprehensive developments, on the basis of it, the<Regulations on Worker’s Compensation Insurance> in2011has been carried out. But thecontradiction between the oneness of the law and the complexity of social life, thehysteresis characteristics of the law, cause many deficiencies of the <Regulations onWorker’s Compensation Insurance> in standards and procedures, besides its actualexecution triggered a lot of controversy. So the effective way to solve these problems is toconstantly improve legislation and fill the legal loopholes.In this paper, I will analyze the industrial injury system of Regulations on Worker’sCompensation Insurance in2011to find the main problems at present.And on the basis ofthe advanced experience of the United States,Britain, Germany and Japan, this paper putsforward the solutions and suggestions to solve the problem. There are four parts in thisarticle besides the preface:The first part mainly introduces the basic theory about inductrial injury, includingthe meaning and characteristic of inductrial injury, the meaning and value of inductrialinjury. Through clarifying the corresponding concepts for the following study.The second part mainly introduces the historical developments and presentsituations of our country’s system of industrial injury, and analyses the current problems.Analyzing the history and present situations of industrial injury system is to made theproblems more targeted and scientific, and the existing problems are expounded mainlyfrom two aspects---standards and procedures. The third part mainly introduces the major western advanced experience, includingthe United States, Britain, Germany and Japan. Firstly, I make the overall introduction onsystem of industrial injury, secondly, I make the advanced experience to reference.The fourth part is the focus of this writing, expounds the solutions to solve theproblem of our country industrial injury. Solutions are corresponded to the problems ofsecond part, cognizance standard and confirmation process two aspects.