Concerning The Improvement Of The System Of Industrial Injury

Ever since the industrial age, human economy has achieved great progress. However, while people enjoy the convenience from advanced industries, a serial of safety issues have emerged with impacts on the development of our society, one of which is labor injury. Under a circumstance of rapid advancement, labors have to suffer various hazard from their occupation. Therefore the labor injury insurance as part of the social security system came into being, serving the purpose to regulate the operation of enterprises and preventing labors and their family falling into total desperation due to the lack of the post-injury aid. Labor injury identification plays the most fundamental and significant role in the labor injury security system since it is the initial phase. Currently there are multiple problems in the labor injury security of our nation, being obstacles to the victim labors'effort to preserve their legal rights, threatening the stability of the nation. Thus, it is vital to perfect the labor injury security.In this thesis, the author attempts to conduct a comprehensive research on several aspects of the issue using methods of comparative analysis, value analysis and practical analysis for a full understanding of the labor injury identification, enrichment of the theoretical basis, the implementation of related laws, the proper application of the laws, the precise determination the nature of cases, avoiding mistakes in practices and preserving the labors'rights. The aspects are as listed below:1.The thesis based on fundamental theories described the definitions and characters of labor injury and its identification and labor injury security and analyzed the contents of the issues. Through position of labor injury security system and its the relationship with labor injury identification, the thesis demonstrated the its importance of the research object. The author also introduced the origin and historical background of the system and its reform.2.The author introduced China's labor injury identification and analyzed the problems in the processes of injury identification and legal practice both procedurally and evidentially.3.International experiences are demonstrated, including those from the International Labor Organization, United States, Great Britain, Germany and Japan. A few of these countries' successful experiences can also be applicable in China to improve the system, for instance, expanding the coverage of the insurance, establishing basic rules for labor injury identification, introducing hearings into the procedure, and simplifying the process.4.The last chapter is the key of this article, revealing solutions to the present situation. It carries out arguments in the aspects of the subject, the range of appliance and the legal process. The author also suggested that injury identification shall be operated by enterprises or other social organizations to shorten the period of compensation application. In addition, conventional terms shall be formulated to avoid that new cases emerged where current laws become invalid. Finally, as long as we constantly perfect our system combined with practice, a stable and friendly employer-employee relationship will be established.