An Analysis On Xie V. The Human Resources And Social Security Bureau Of Changsha

At present,with the rapid development of China's economy and society,various types of accidents have been frequent,and the number of cases of industrial injuries has been increasing throughout the country.The administrative litigation cases have also been increasing year by year.Perfecting the legal system of industrial injury is the key to solve industrial injury cognizance administrative disputes.In Xie v.human resources and social security bureau of changsha industrial injury administrative dispute case,its core focus is whether Wang outbroke disease at work in the work place,Wang's death can be regarded as industrial injury,and how to solve the conflict between administrative organs and judicial organs in the administrative litigation.First of all,if Wang is in the work time and work seizures or not.Work time and work seizures were regarded as Labour to this is the sudden illness to cure a relief and compensation of the worker.In the applicable law,"working hours" and the concept of "work" and the extension must be strictly grasped.Wang,as a teacher of college of political science and law,when they play basketball after class sessions,does not belong to,during the working time on their job position seizures,also does not belong to the unit or by the unit agreed to participate in other Unit organization of collective activities sudden illness.Second,Wang's death can be identified as the problem of death injury or not.Wang Department of sudden death of their own disease,it does not meet the situation should be identified as work injury;Wang is not working time and work in sudden illness died,do not meet the same as the case of injury.Finally,due to the existing law is too general,the administrative standards and judicial standards for industrial injury are inconsistent and the right to industrial injury ownership and other issues,the executive authorities and the judiciary in Wang can determine the industrial injury had a greater controversy,resulting in the case experienced two Round of proceedings,is not conducive to timely protection of the legitimate rights and interests of workers.In view of this,it is necessary to constantly improve the real standard of industrial injury,give the court the ultimate right to industrial injury,strengthen the professional judgment of administrative injury and strengthen the guidance of typical cases,so as to constantly improve the industrial injury system to better achieve the insurance system of industrial injury 's original intention.