The Standard Of Inductrial Injury Cognizance Of Legal Reasearch

China’s existing legal system concerning job injury identification stipulates sixkinds of job injury identification situations as well as the situations regarded as jobinjury and excluded from job injury, following the principle of protecting laborers andsupported by "Three Elements" Theory.However, there are still some shortcomings. Firstly, the definition ofthe connotation and extension of "Three Elements" is fuzzy. Secondly, the standard ofsituations regarded as job injury expands the employers’ responsibility. Thirdly, theexclusion criteria generally exclude the application of special circumstances. Fourthly,the stipulation by enumeration method lags.By reference to the advanced experience of legal systems concerning job injuryidentification in the United States and other countries or regions, based on the realityof our country, the author attempts to perfect our legal system concerning job injuryidentification from the following aspects: establishing the social law concept of“protecting the weak”; Taking "Theory of Relative Causality" as the core element andthe theoretical basis of job injury identification; Supplementing, improving andamending job injury identification standard by enumeration method. Meanwhile, thegeneral definition of "job injury" is designed, so that it can be neck and neck with theenumeration definition, which becomes the new standard of job injury identification.