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Research On The Legal System Of Work Injury Recognition In Singapore

Posted on:2019-11-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y LuoFull Text:PDF
GTID:2436330548966746Subject:Civil and Commercial Law
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With the continuous development of the economy,labor laws and legal relationships have presented a variety of complex situations,and cases involving labor disputes have continued to increase.As an important part of the social security system,the work-related injury insurance system has played a role in diversifying the risk of work-related injuries and protecting the basic rights and interests of workers.The indispensable part of the work-related injury insurance system is the work-related injury identification system.The work-related injury identification system serves as the identification of legal facts and is also the precondition for the compensation of the work-related injury insurance system.The operation of the work-related injury identification system directly affects the quality of work-related injury identification conclusions.The quality of work-related injury findings often determines the direction of labor dispute cases.Therefore,research on occupational injury determination has a strong practical significance.Judging from the current legal practice in various countries,the most informative country is Singapore.Like its history,the legal system for work-related injury insurance in the country has not been established for as long as 40 to 50 years,but as the former Prime Minister Goh Chok Tong said:"Singapore's largest resource is its human resources." Since its establishment in the country,the country has paid great attention to the protection of labor rights.The system of work-related injury insurance has developed rapidly.Today,it has established a sound and efficient injury identification system with rich experience in the rule of law.The stones of other hills can be used to attack the jade.The core purpose of studying the system of work injury recognition in Singapore is to solve practical problems in the identification of work injuries in China.To explore the advantages and disadvantages of the country's current work-injury certification and to draw lessons from the reasonableness of the country's system,so as to improve the identification system for work-related injuries in China and better protect the rights and interests of workers.This article consists of 6 chapters except the introduction and conclusion.Chapter 1 raises questions.First,it analyzes and explains the causes of the work injury identification system from the work injury insurance system.Second,it discusses why Singapore was chosen as the research object from the macro and micro perspectives.Finally,it analyzes the ideological characteristics embodied in the Singapore law as a whole.The necessity of research on Singapore's industrial injury identification system leads to a detailed description of Singapore's work injury identification system from four perspectives:concept,standard,organization,and procedure.This will clarify the characteristics of the country's system and analyze its legal basis and current operational status.Chapter 2 starts with the concept of legislation,and extracts the legislative concepts scattered in specific laws and regulations,such as the concept of tilt protection,the concept of social reconciliation,,and summarizes the spirit of the law embodied in the country's system as a whole.The third chapter mainly studies the standards of industrial injury identified in Singapore.Specifically,it can be divided into the general standard and the special standard separately.After analyzing the commonalities of the"duty process" standard and the "duty related" general standard,etc.This kind of special circumstances such as commuting accidents,bad journeys,and the identification of work injuries that occurred in emergencies were analyzed in detail.Chapter 4 conducts a study on Singapore's work injury certification agencies.It starts with the model selection of the certification agencies,explains the advantages and disadvantages of the different agency models,and selects and clarifies the distribution of judicial power in the administrative region according to different models.Chapter 5 describes in detail the procedures for identifying work injuries,clarifying the importance of notification procedures in work-related injury determination,and detailing the application timeline and the burden of proof to clarify the relationship between the parties.chapter 6 mainly proposes the enlightenment of Singapore's experience to our country,and mainly finds countermeasures and suggestions from the four aspects mentioned above in the current problems found in legislation and practice.In the concept of identification,it is necessary to grasp the criteria of leniency and strictness,balance the interests of all parties on the basis of the protection of workers,and provide detailed definitions.The special standards also need to be detailed in legislation.At the same time,it is necessary to rationalize the authority of the accreditation body,add notification procedures to the accreditation process,optimize the time limit for application,and improve the distribution of burden of proof,in order to better perfect the system of work injury accreditation in China.
Keywords/Search Tags:Singapore, work injury claim, law system
PDF Full Text Request
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