Problems Existing In The Work-related Injury Certification System Of China And Its Perfection

Work-related injury certification is the precondition for entering the work-related injury worker relief program,is the key for getting work-related injury insurance compensation.The role of work-related injury certification is not just about confirm the nature of the accident harm,more important is the traditional civil tort compensation turns into work-related injury insurance compensation,with the power of the state and society to help solve,through the work-related injury certification,finally realize the interests of the society as a whole.So to establish a reasonable legal system of work-related injury certification,not only is of great significance to the maintenance of the legitimate rights and interests of work-related injury worker,but also to play a role of social security function.As the enforcement of Provisions of the Supreme People's Court on Several Issues concerning the Trial of Administrative Cases on Work-Related Injury Insurance on September 1,2014,work-related injury certification problems has been causing the extensive concern of society once again.Although to a certain extent,it has solved the problem of the concept of fuzzy,in many parts of the change has perfected the system of work-related injury certification,but it also has numerous contradictions and many regulations unreasonable questions.There are physical problems,such as the vague regulation of "three simultaneity”,"unreasonable regulation of 48 hours",improper regulation of'commute on the way",etc,and there are procedural problems,such as the unreasonable organization framework,unreasonable regulation of burden of proof,sophisticated work-related injury certification procedure,etc.These problems not only has hindered the the work-related injury worker to achieve the work-related injury insurance compensation,but also has affected the social harmony and stability,how to properly solve the problem of work-related injury is an unavoidable at present,should not be ignored important topic,research on the issue of work-related injury in practice is urgent needs to solve practical problems.So we need to define the"three simultaneity" regulation clearly,improve the "48 hours" regulation,perfect the relevant regulations of'commute on the way" on the physical etc,adjust the organization framework,clarify the allocation of burden of proof,etc.