Analysis Of Case Of Industrial Injury Administrative Confirmation Of A Company V.a Municipal Human Resources And Social Bureau

With the development of China’s economy and society,the employment relationship has become complex and diverse,which makes it more difficult to identify the labor relationship in practice,and the impact of labor relationship on the identification of industrial injury has always been controversial,and there is still no conclusion in the relevant academic research.In the relevant lawsuit of inductrial injury affirmatory,suffer the influence of labor relation,different local court is in adjudicate inductrial injury affirmatory case to have different practice,cause the legitimate rights and interests of injured worker cannot get effective protection.Therefore,it is necessary to strengthen the influence of labor relations on the determination of industrial injury and the study of the universal problems in the determination of industrial injury,in order to improve the system of determination of industrial injury in our country,and timely protect the legitimate rights and interests of workers.Through the study of the case of industrial injury administrative confirmation of a company v.a municipal bureau of human resources and social security,this paper summarizes the focus of this case,that is,whether Lin should be identified as industrial injury.First,from the case,analysis of the case of industrial injury liability identified conditions,the first clear "illegal subcontracting" of the special factors and do not exist in the fact of labor relations,and then according to the relevant legal provisions,according to the law that the company should assume the liability for industrial injury insurance.Secondly,this paper analyzes the problems existing in the determination of industrial injury in this case and in practice,including the different preconceptions of the labor relationship in the determination ofindustrial injury,the lengthy and repeated process of the determination of industrial injury and the wrong application of law,and then analyzes and studies the causes of these problems.Finally,in view of the problems existing in this case and practice on the determination of industrial injury,put forward corresponding Suggestions to improve,including the correct positioning of the role of labor relations in the determination of industrial injury,the reform of the determination of industrial injury procedures and improve the accuracy of law application,in order to ensure that the determination of industrial injury system can operate scientifically and effectively.