| Causality is one of the most important factors to determine whether a work-related injury is established or not.Therefore,whether the causality judgment is accurate will directly affect whether the work-related injury determination is proper,thus affecting the accuracy of the judgment of work-related injury determination cases.In the whole legal theory system,the causal relationship theory always occupies a place.Among them,the dualism of causality in Anglo-American law system and the generalized theory in continental law system occupy the dominant position.The theory of causality prospers in the fields of criminal law and civil law,and is used to analyze the constitutive requirements of crime and infringement.With the continuous development of society,causality theory has been enriched to a certain extent in the field of special infringement.Industrial injury is a tort,and it is given special relief only because of its own characteristics.Therefore,the industrial injury insurance systems in various countries are generally based on the traditional theory of causality,combining with the particularity of industrial injury identification,to regulate the causal relationship.The related legislation of industrial injury insurance in our country adopts different listed legislative examples to stipulate the standards for the identification of industrial injury,but does not mention the issue of causality,which leads to the lack of guidance of the principle outline for the identification of causality.However,when judging cases,the issue of causality is a key controversial point that cannot be bypassed.Due to the lack of the same criteria,judges have different reasons and attitudes on the causal relationship issues involved in work-related injury identification cases,which leads to the increased risk of arbitrariness of the judges and the difficulty in ensuring the fairness of the case results.Obviously,it is of great theoretical and practical significance to clarify the causal relationship among the constituent elements of work-related injury identification.To clarify the causal relationship between "performing work duties" and "damaging consequences" is helpful to safeguard the fairness of judicial adjudication and thus promote the realization of legislative purposes.It is the basic requirement for studying the cause-and-effect relationship to have a thorough understanding of the current judicial situation.Therefore,aiming at the above-mentioned problems,the paper,on the basis of sorting out relevant cases,adopts the methods of literature research,case analysis and comparative analysis to conduct a more in-depth study on the causal relationship in the identification of work-related injuries.Obviously,the establishment of a causal relationship judgment system for work-related injury identification is the end result of the research on the causal relationship of work-related injury identification.Apart from the introduction and conclusion,the thesis is divided into four parts.The first part summarizes the current situation of the judgment on the causal relationship of industrial injury identification in our country,and thinks that there are some important problems in the judicial practice,such as the absence of judgment rules,the unclear limit of discretion and the insufficient reasoning of causal relationship.Because the causal relationship theory of industrial injury identification in our country is not perfect,and the early workers were adjusted by the civil tort system when they suffered damages at work,the second part sorts out the causal relationship theory of civil tort,which is helpful to clarify the discussion ideas of the causal relationship theory of industrial injury identification.Next,the third part discusses the particularity of industrial injury identification,which inclines to protect the legitimate rights and interests of workers,damages the extensive social influence and causes the diversity of damage factors,and analyzes the relevant viewpoints of causal relationship of industrial injury identification.Finally,the fourth part constructs the causal relationship system of industrial injury identification on the basis of referring to the theory of civil tort causal relationship,referring to relevant viewpoints of industrial injury identification causal relationship and paying attention to the particularity of causal relationship in industrial injury identification.When discussing the theory of causality in work-related injury identification,it is believed that the "two-step judgment method" of causality should be followed under the principle of inclined protection of workers.The first step of judgment takes "condition theory" as the standard,and the second step of judgment takes "proper rationality" as the standard.The "conditional theory" holds that all the necessary conditions for the damage result to occur can be taken as the cause of the result.If there is no A,then there is no B.The "proper rationality" of the judgment logic takes the balance of interests as the core element to avoid the enterprise from bearing too heavy a burden.When studying the specific countermeasures of the causal relationship in the work-related injury identification,it is believed that the rules of the causal relationship in the work-related injury identification should be established,the discretion limit of the causal relationship in the work-related injury identification should be clarified,and the argumentation of the causal relationship in the work-related injury identification should be consolidated. |
