The Empirical Research About The Determination Work-related Injury For Legal System Of China

As promoting of the process about industrialization,the laws and regulations of the social insurance is improved very well to protect the vulnerable workers.However,the vulnerable workers still have much difficult in standing up for themselves rights in the activities of the socialist market economy,especially,in the field of Work-Related Injury Insurances.For the reasons of history and practice,there still exist many problems in the Work-Related Injury for legal system of China.What is more,the problems become worse and increasingly become the focus of attention.With the development of the Work-Related Injury for legal system of China,this problem,that regard the dispute of labor relationship in the process of the Determination of Work-Related Injury often lead to workers or their close relatives can not get rescue timely,even suffer the secondary injury.The complexity of the Determination of Work-Related Injury is mainly reflected in this kind of case,as well as the kind of case reflected many questions in the Determination of Work-Related Injury for legal system of China.This article analyzes a typical background case,according to the focal point in the case to put forward three difficult problems in the process about the Determination Work-Related Injury for legal system of China: the determination of labor relationship in the disputes of Work-Related Injury;the application of “48hours” term;the determination program of Work-Related Injury.In this article,I analyzed the labor relationship and other related concept,and combined with the case to discuss the question about the determination of labor relationship,which should be with the substantial requirements in practice.With the problem of “48hours” term,this article analyzed from various aspects,i find some reasons,such as,the legislation technology of the term is coarse so that people have different understanding about the nature of the term.And the basic principle of the Determination of Work-Related Injury is imperfect,and the guiding concept of temper justice with mercy is absent,so that the term is rigid and controversial in the application.The absonant problem of the determination program that the the determination program of labor relationship and the determination program of Work-Related Injury is absonant,so that the power of administration is overhead or determined again and again.Then i combined with the scholars' different concept of the determination program of Work-Related Injury,to put forward some suggestions to protect the workers timely and effectively in entity and program.