Study On The Standards Of Occupational Injury Identification

Administrative case of determination of industrial injury maintains execute no-fault principle,it is the choose of interest contention of laborer and employers actually.This easily cause the prosecution and the appeal no matter how to decide.Chinese industrial injury insurance belongs to the emerging field,the development is late,the legislative model is abstract which also increases the probability of the same case with different judgment.Once there is substantial difference in the preface,the subsequent labor appraisal,labor compensation will not be carried out,which is the most direct denial of the rights of the labors.Introduced the problems by overage employment and 48 hours rescue in industrial injury,the reason of industrial injury problems is related legislation law of contradiction,the relevant definition of labor standards is inaccurate and industrial injury related provisions of ambiguity,the judge trial idea and value differences,court case the defects of operating mechanism.Based on outside industrial injury determination in labor relations defined standard American industrial injury cases,case law system emphasizes the "work" and different phenomena to empirical research on the solution of the connection with the continental law system,found that even case law countries cannot avoid this phenomenon,but the case law countries highlight the "work"standard on edge could be more reasonable for industrial injury of administrative cases,the civil law countries court trial basis in the administrative case is not limited to the statute law.Therefore,the most reasonable solution is to amend and improve the relevant regulations from the legislation on work-related injury to the interpretation and application under the current system,and clearly define the nature and effectiveness of guiding cases,so as to promote the research and application of guiding cases in court trials.