Analysis On The Payment Case Of Industrial Injury Insurance Treatment Of Sehai Coal Mine Et Al. V. Industrial Injury Insurance Bureau

Administrative regulations occupy an important position in our country's legal system.According to the statistics of Peking University's magic weapon database(as of October 7,2018),18107 regulations are currently in force in China.However,of the 137 administrative cases included in the "Supreme People's Court Bulletin Case",only 32 were applied.In actual judicial practice,regulations need to play a role in the blank areas of laws and regulations.However,Article 63 of China's Administrative Procedure Law stipulates that the court hears the "reference" regulations for administrative cases,and the term "reference" is ambiguous.In addition,the number of legislative subjects,the quantity,the quality,and the nature of administrative regulations are unknown.This has led to different attitudes towards the application of administrative regulations by the courts and the extremely low rate of application of regulations.It has not played its due role in the rule o f law.In this case,the retrial court was based on the local government regulations ——Article 38 of Hunan Province Employment Injury Insurance Regulations,the three-party average after the appeal and conviction is a typical case in which the judicial organs apply regulations to revision,and it is of great significance to study how to improve the application rate of regulations.This case involves three controversial focuses: First,whether the medical examination of Long Mo is an impostor;The second is whether it can apply the Article 38 of Hunan Province Implementation of the Injury Insurance Regulations;The third is whether or not the industrial injury insurance bureau should pay the worker injury insurance treatment first.Through theoretical and empi rical analysis,the following conclusions are drawn: 1.The third person's physical examination of Long Mo is an impostor.First of all,the requirement that the "expert conclusion must be clear" violates the legal requirements for the provision of evidence.Secondly,in the current Administrative procedure standards are not clearly stipulated,general administrative proceedings should adopt the "proof standard with obvious superiority as the principle" proof standard.2.Should apply Article 38 of Hunan Province Employment of the Injury Insurance Regulations.The "reference" application to the regulations means that the court has the "right to review" and "choice of application" of the regulations.The criterion for reviewing the selection is that the regul ations are legal.Article 38 does not derogate from the lawful rights and interests of employees or increase the obligations of the employing units,nor does it violate the specific provisions of the superior law and the spirit of the legislative principles.Its essence is to refine and supplement the superior law,which is a legal rule and should be applied.3.The refusal of the Lianyuan Municipal Bureau of Industry and Insurance to pay Long's work-related injury insurance in advance violated the principl e of political legality.Finally,some suggestions are put forward to improve the rate of application of regulations.First,focus on investigation and research The second is to widely listen to the legislative opinions and suggestions of relevant interest groups.Third,we need to clean up regulations in a timely manner.