Study On The Improvement Of The Scope Of Identification

In reality,there are still many labor disputes related to the identification of work-related injury in China,which reflects the imperfection of the identification system of work-related injury in legislation.Many workers can not get effective relief and compensation after work-related injury,which easily leads to social instability.We should make detailed research and Analysis on the identification of work-related injuries as far as possible,so as to protect the rights and interests of most labor groups,so as to better promote social fairness and justice.Therefore,this article is from the perspective of infectious diseases to study the relevant judicial cases of industrial injury identification of infectious diseases,considering the judgment factors of industrial injury identification of infectious diseases,analyzing the feasibility of industrial injury identification of infectious diseases,and putting forward the corresponding countermeasures and feasible suggestions.This paper is divided into three parts to further elaborate the improvement of the scope of work-related injury identification under the current domestic work-related injury system.The specific content of the first part is the judicial empirical analysis of the identification of industrial injury caused by infectious diseases.Through the summary and analysis of the judicial precedents on the identification of industrial injury caused by infectious diseases from 2014 to 2020,four typical cases are found for specific analysis,the focus of the dispute is analyzed,and the principle and basis of the final judgment of the case are summarized,so as to draw the conclusion of the current practice of industrial injury caused by infectious diseases in China The judgment factors of identification.The second part is the analysis of the necessity and legitimacy of the identification of work-related injuries of infectious diseases,from the two aspects of maintaining social harmony and stability and protecting the legitimate rights and interests of workers to elaborate its necessity;from the two aspects of legitimacy and rationality to discuss its legitimacy.Meanwhile,novel coronavirus pneumonia and non occupational health care workers were identified.The third part is to improve the legal thinking of the identification of the scope of work-related injury in China,mainly from two aspects.The first aspect is to clearly define the scope of infectious diseases for the identification of work-related injury.The limited expansion of the scope can be achieved by increasing the types of special infectious diseases and expanding the scope of protection objects.The second aspect is to improve the supporting mechanism related to the identification of work-related injuries.The improvement of the identification of work-related injuries can be achieved by integrating the independent subject of identification of work-related injuries and taking the cause of work as the main consideration of identification of work-related injuries.The improvement of the relief procedure of identification of work-related injuries can be achieved by simplifying the identification procedure and introducing the hearing procedure.Through this study,this paper puts forward some suggestions on the specific problems existing in the legal system of identification of industrial injury caused by infectious diseases in China,and explores a way out which is not only in line with China’s national conditions,but also reflects the value of the regulations on industrial injury insurance,so as to better improve the degree of identification of industrial injury caused by infectious diseases.