Analysis And Ponderation On A Labor Disputes

"Luo Wansuo Case" in this article is an identification and verification of work injure controversial case that the author worked on when having her internship in Gansu Province Higher People’s Court administrative tribunal. During the process of studying this case, many judicial officers offered guidance and assistance. The special circumstance and determination in the case increased the difficulty of the trial work. This case has a big influence on the local society, especially on local pleasant-workers with template effect. After identification of work injure by Tianshui Municipal Labor and Social Security Bureau,administrative reconsideration by Tianshui Municipal Government, first instance by Tianshui Intermediate People’s Court, and second instance by Supreme People’s Court of Gansu Province, eventually this case was closed by the way of conciliation. Even though mediation is consistent with today’s social civilization in China, it’s actually against the real spirit of legal trial.After all, the law is the tool of judgment, and mediation can’t reach its essential purpose.With the continuous development of the society, more complicated cases keep coming out. Compared with civil and criminal cases that people are familiar with, we don’t often see cases similar to "Luo Wansuo Case" on newspaper or magazine. As having internship in the court, the author read some related cases and noticed that the judgment of these cases couldn’t satisfy the parties or end the trial.There are two reasons why this happened. Firstly, the victim, identification of work injure institution, reconsideration department of the government, and jurisdiction organization all get involved which makes it much more complicated; Secondly, compared with civil and criminal law, work injure identification rules are far from perfect. The author conducted analysis and ponderation from the angle of judicial practice so that readers can think about this kind of case more reasonably in future.This article is composed of following sections:Part One:Introduction of the case and controversy focus. Come up with the question:could Luo Wansuo’s accident be identified as work injure?Part Two:analysis of related elements, principles, and job behavior verification for work injure identification.Part Three:legal analysis of the controversy focus of this case; determine its nature and find the best way of dealing with it. Part Four:Explanation about how to improve the measures of work injures identification from the angle of judicial practice so that the law can effectively protect human rights.