Study Of Legal Application Difficulty In Work-related Injury Certification Administrative Case

Work-related injury certification administrative case has been given high concern and attention as a key kind of administrative case in judgement which belongs to the administrative case related to people’s livelihood labor and social security in our country. Our court in our province accepts and trials a lot of work-related injury certification administrative cases.On one hand, good supervision promotes that Labour and Social Security Department will do legal work-related injury certification,safeguards the legitimate rights of the labor by judicial manner,takes advantage of administrative judgement. On the other hand, Our present work-related law and regulations seem principled but lacking in actionability because of various work-related injury cases,which makes difficult for the people’s court in the case judgement. Therefore, it is key practical significance to study of legal application difficulty in work-related injury certification administrative case, hackle knotty questions, strengthen research and analysis,unify law application standard in further, improve the analysis ability to solve knotty questions, promote quality and efficiency to better maintain the legitimate rights of the labor and the unit.There are four parts in the paper. Part one is common questions about work-related injury certification administrative case which states the concept of work-related injury, work-related injury insurance,work-related injury certification and work-related injury certification administrative case and related basic theory to clear understanding the four concept and clarify their relationship. The part two will list the existing legal application difficulty in work-related injury certification administrative case based on the research of our court judgement in Shandong province. The part three is the core of the paper. It suggests the basic principle of the case judgement according to its features of work-related injury certification administrative case and interprets the specific law application problem in order to propose the practical suggestion to look forward to unify the law application standard. Part four is to propose the suggestion to perfect our work-related injury insurance law. To extend the function of administrative judgement and take active part in social management innovation, it is to make proposals to further improve work-related injury insurance law from four levels combined with the writer trial experience and accumulation of the preceding three parts.