Comparing Study On The Range Of Work-Related Injury Certification In United States And China

The article is according to comparison study between America and China in development view on current situation of theory,law and practice,mainly the whole comparison study of Work-related Injury range between United States and China from dimension of its people right, damage extent, standard scope and exclusion range, etc. meanwhile,use fact to expound Work-related Injury case those are controversial such as "whether the wound in welfare activities that enterprise endows is Work-related Injury ""whether the wound at staffs life place the same as work place,personal VS work, who are on business is Work-related Injury"and refer related items in American law to analyze and compare,properly utility,expound ideas in two keys,the first, theory range of identification of Chinese Work-related Injury and legalization in practice is in disadvantage of protecting legal right of Chinese laborers versus America, the second,the identification standard of new Work-related Injury cases those are the same kinds but different judgment.Study to come up with optimized proposal about Work-related Injury identification with comparison, properly to lead ideology and thought of "double purpose rules" 、 "special mission rules"、"unreasonable risky rules", so as to improve controversial cases during Work-related Injury identification, present definite measure and proposal to strengthen law and rule optimizing Work-related Injury identification standard,to ensure legal rights of employee and employer. Make Work-related Injury get compensation, Make non-Work-related Injury belong to clearly, in order to get other compensation way.