Further Discussion On The Role Of "48 Hours" Clause In The Industrial Injury Insurance Regulations

The "48 hours" clause has caused a series of disputes in the application of practical cases.In both academic circles and public opinion,the voice of improving and even abolishing the "48 hours" clause has been constantly heard.Whether the "48 hours" clause is reasonable?What is the central issue of "48 hours" clause disputes?The clear analysis of these two points is the necessary way to solve the dispute of the"48 hours" clause.This paper is divided into five parts,the details are as follows:The first part Based on two cases of different judgments in the same case,this paper analyzes the main problems of "48 hours" clause at present,such as the disunity of the judgment scale,social masses doubt the moral hazard caused by it and the difficulty of its application injudicial practice.The second part by examining the legislative origin of"48 hours" clause,it is concluded that "48 hours" clause is an innovative and local legislation based on specific social culture and long-term judicial practice.In addition,although the "48 hours" clause is used to deal with the relationship between work-related injury and disease as the same as karoshi and occupational disease,these three clauses should have their own different coverage.It is not tenable to criticize the time limit of the"48 hours" clause and the lack of humanistic care with the attributes of work-related injury,occupational disease and death due to overwork.So what is the reason why the "48 hours" clause causes many disputes?The third part Through the case of Yulin pregnant women jumping off buildings and Dongtai Hailan clothing,the author found that it is the lack of role orientation of medical institutions and the application of judicial interpretation principles.The fourth part the author propose only by defining the role of medical institutions in the "48 hours" clause,taking the death certificate of residents as the sole basis for identification,and establishing a complete identification procedure for objections to the death certificate of residents,can the problem of the identification of professional knowledge of traditional Chinese medicine in the "48 hours" clause be truly solved.The fifth part after the problem of medical expertise identification is solved,the court will finally determine the"48 hours" clause,and use the principle of favorable interpretation to adapt to the complex and changeable actual cases,under the guidance of the principle of fairness and justice,to ensure the case justice to the greatest extent.