Existing Problems And Improvement Of The Work-related Injury Certification System

Work-related injury insurance system is an important constitutive part of social insurance system of our country.It is an important legal system established by Social Insurance Law to protect legal rights of in-service employees among “four insurances”as endowment insurance,unemployment insurance,work-related insurance and medial maternity insurance.As a most important link of work-related injury insurance system,certification system of work-related injury has the legal factor in the field of social insurance law.It is the key and “valve' to start repayment procedure of work-related injury insurance treatment,prevent and disperse employment risk of employers,realize legal rights of occupationally injured employees and implement sustainable development of labor production.Industrialization process started in the later Qing Dynasty and the early Republic of China decides the situation that certification system of work-related injury starts late in our country.Certification system of work-related injury has experienced the emerging phase(the Republic of China),starting stage(from the foundation of new China to 1980s),reform and development period(from 1980 s to 2003)and gradually mature period.It is closely related to industrialization process of our country.Both academic research and practical operation of work-related injury insurance system and certification system of work-related injury start very lately in our country.Laws and regulations and normative documents on the design of such system are imperfect.Many problems unsuitable for reality exist in the certification subject of work-related injury,certification scope of work-related injury,certification process of work-related injury and settlement of certification dispute of work-related injury.Especially after the implementation of Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases on Work-Related Injury Insurance in 2014,there is still some disagreement between administrative law enforcement and judicial practice for certification of work-related injury in actual operation and administrative lawsuit trial and response practice of work-related injury certification.Combined with experience in work-related injury certification,administrative review of work-related injury,response to administrative lawsuit and work-related injury certification practice in Zhengzhou in recent years,problems existed in work-related injury certification system is analyzed in the way of interview,investigation and looking up literatures.Based on it,suggestions are proposed from strengthening work-related injury certification institution,scientific definition of work-related injury scope,simplifying and normalizing work-related injury certification procedure,strengthening comprehensive law enforcement of human resource social insurance field so as to improve legal system of work-related injury certification.