“WangLikun V. Shenyang Huanggu District Labor Personnel Bureau Industrial Injury”case Analysis

Work-related injury is an inevitable social problem after industrial society, especially after we accessed to the WTO,China’s economy has been developing rapidly in the past dozen years,at the same time,as the world’s factory,a large number of cases of work-related injuries is increacingly emerging,our work-related injury insurance is developing.On January 1,2004 of the implementation of the work-related injury insurance regulatioan,then we completed it and promulgated the new work-related injury insurance regulatioan on January 1,2010. Nevertheless,China’s rapid economic development,a variety of industrial accident cases comes up,in the process of solving the industrial accident cases will meet many difficulties,so the work-related injury insurance system need to be more impeccable. Therefore,work injury insurance system is the very important part of the social insurance system,and gradually get the attention of all sectors of society,work-related injury identification is the most important part of work-related insurance system.Related injuries that affirm whether the facts accord with workers’ work-related injuries of disabled behavior.basiclly,the work-related injuries workers apply to the social security administration departments,and then the departments according to the laws and regulations to make the confirmation.The related injuries that premise and foundation as a work-related injury insurance system,the legal system,improve the maintenance of the rights,and interests of workers,and the construction of a harmonious society has theoretical and practical significance.In this paper,we proceed from the notion of the work-related injuries,the constituent requirements,and combined with the case,then analyzed the problems in our work-related injuru certification system and related injuries and raise several proposal that the legal system of our country.This article includes three parts altogether.The first part is mainly about a presentation of the case of Wang Likun v. Shenyang huanggu group of labor personnei bureau,then summarizes three issues through the case. The second part analyze the issues,summarized the conceptions of “working reason”,”working space”,”working negligence”,pointed out the defect problems in the decision which the Labor Bureau made in the case,then raised some proposals on my own.The third part at last is primarily conclusion related injuries on account of oursystem from the present situation the legal system design standard analysis and related injuries that our country’s legal system and in the end come up with several my personal advises.