Study On The Problem And Countermeasure About Identify Of Industrial Injury In China

Social security is of vital importance to the interest of the people of the nation, it is essential to justice and lasting political stability of the nation. As one important part of social insurance, industrial injury insurance is not so widespread as medical insurance and endowment insurance, however, it is the most effective guarantee for industrial injury workers and is essential in the industrialized society. In the whole process of the industrial injury insurance, the identify of the industrial injury is the most basis and the most important part, if the identify is made timely and effectively will concern with the treatment of the industrial injury workers. For these reasons, the identify of the industrial injury is the foundation, it will be valuable to study about it.At present, the number of the industrial injury workers was decrease, but the number of industrial accident was rising. And now, the occupational diseases become more serious and we have to put more attention to them. In 2009, the event of Zhang Haichao gives us a serious warning. There are bugs in the laws, the method of list cannot contain all situations and lack of unified standard which make the dispute increase; the procedure is too complex to make the time-consuming too long; the institutions are so less that the workers cannot do identify in time; and there are problems in supervise, performance in the employing unit refuse help the workers and the workers are short of self-protection.In order to solve those problems, the paper raises relevant advice. First, perfect the law, and increase the judicial explanations, and unify the standard, enlarge the boundary. Second, simplify the procedure, delete the unnecessary steps, and completes the mediation to the disputes. Third, setting the institution reasonable, make the court have the decided right will reduce the repeated litigation. Last, enhance the supervise about related department, employing unit and the workers. By these measures will make the industrial injury workers gain the guarantee effectively and timely.The study will make the identify of industrial injury get a farther develop on both theory and reality. It will protect the lawful rights and interests more effectively and promote the justice and lasting political stability of the society.