Study On The Application Of Law In The Trial Of Administrative Cases Of Work-related Injury Insurance

Work-related injuries found that administrative cases involving people’s livelihood,related to the vital interests of workers.With the 2004 "injury insurance regulations" the implementation of China’s compensation for work-related injury are defined systematically and development,in 2010 China promulgated the "social insurance law",in order to enhance the probability of the industrial injury insurance system,refine the relevant work procedures and standards,on this basis,China’s implementation of the 2011 "the industrial injury insurance regulations",August 20,2014,the Supreme People’s Court issued the "Regulations" the Supreme People’s Court on Several Issues concerning the trial of administrative cases of work-related injury insurance,in order to protect the legitimate rights and interests of vulnerable groups of workers,can play a positive role in the social development and problems.With the establishment and development of the market economy,the industrial injury accidents are constantly emerging,and the administrative litigation cases are constantly increasing,and the proportion of the administrative litigation cases is more and more large.Because of the objective situation,labor relations,work is far more complex,people’s legal rights awareness is also growing,the provisions of the "Regulations" of the industrial injury insurance has not been able to cover a variety of situations of work-related injury current,especially when the legal boundaries,the various elements of the legal provisions of how to grasp,each region and each trial judge easily disputes and differences,has become a major difficulty in the administrative litigation.The National Judges College Professor Wang Yaqin in the "administrative litigation law" in twelve pointed out:"the administrative procedure law of civil and criminal litigation law as judicial law is pure,can direct the use of substantive law,administrative litigation is the law of supervision".Based on the situation of the lack of face related injuries,the trial judge should consider not only to safeguard the rights and interests of workers,but also consider not to increase the burden on enterprises,should not only reflect the humanistic care,and can not be unlimited expansion of the scope of work-related injuries,therefore,in the scope of the labor administrative department to examine whether in authorized by law "in accordance with the law of administrative" at the same time,how to scientifically grasp the standard of work-related injuries,has become an unavoidable problem in practice.The author believes that in the trial of cases related injuries,should protect the legitimate rights and interests of workers from the point of view,explain the elegant spirit of the legislation objective through reliance on certain standards,the cause of the accident,the time and place as well as the main body and the nature of the work of in-depth analysis,consideration of various aspects of consideration.In this paper,the author combines the practice in administrative trial,the concept,characteristics and hearing such cases should follow the basic principles of the general problem from related injuries and work-related injury certification administrative litigation,from administrative judicial practice in work-related problems,common problems of administrative litigation law and the ascertainment of the work-related injury hearing injury determination method and application of law in administrative litigation cases improve the work-related injury system of the several aspects on work-related injury problems of administrative cases related law published its own idea.