Administrative Judgment Standard Of Industrial Injury Certification

In recent years, the rapid development of china’s market economy has not only promoted GDP, but also caused frequent industrial accidents. As pneumoconiosis is increasing and the supreme people’s court enacts the latest relevant judicial explanation in 2014, the problem of industrial injury has attracted public attention again. Nowadays, the type of work is more complicated than before, and people’s awareness of legal rights becomes stronger, which make labor relations more intricate. Therefore, definition of industrial injury is no longer as simple, formatted as before, but relies on certain standards based on the cause of the accident, time, place and the subject and nature of work to decide whether to cognizance industrial injury. With the coming of the legal system society, people’s legal rights consciousness is enhanced. People will no longer simply follow the government’s decisions, but gradually think over them and take legal weapon to protect their legitimate rights and interests of industrial injury legal dispute.The court is the place to solve disputes. Some regulations are too general, such as "cause of work ", "workplace", "preliminary" and "ending", which gives the judge too much free space to make the decision. In the judicial practice, the judgments on such disputes can not be unified all around china. Hence, people’s rights in working accidents can not be protected well.The article will discuss the identification of industrial injury by analyze the related cases. So the content is divided into three parts.The first part is mainly about the current standard of the definition of industrial injury in the administrative judgments, which has two sections. The first one is to describe the situation of “the same kind of cases but have different results.” The second one is to discuss the difference between the administrative and judicial standard so as to express such different points will have negative effects on the injury workers,The second part is mainly to study the definition of industrial injury administrative. The first two sections plan to introduce the principle that the identification of industrial accident must rely on some basic facts. The final section is going to analyze the difference between administrative and judicial standard mentioned in the first part.Based on the practical feasibility, the third part is designed to put forward five suggestions to unify the identification of industrial accident by the general analysis in the cases mentioned above.