On The Conflict And Resolution Between Administrative Power And Judicial Power In The Identification Of Industrial Injury

The identification of industrial injury concerns people’s livelihood and Safeguards the legitimate rights and interests of both labor and management.The original intention of establishing a work injury insurance system is to enable workers who are injured at work or suffering from occupational diseases to receive timely legal,economic,and medical assistance.Due to the differences in the composition and operation of power between the administrative department and the judicial organization,our country’s law lacks consideration for the establishment of the procedure for the identification of work-related injuries.If an employee disagrees with the decision made by the Human Resources and Social Security Department to determine a work injury,only judicial relief can be used.However,the court held that the decision made by the social insurance administrative department on the determination of work-related injury is indeed wrong or defective,and the decision can not be substantially changed.It can only be revoked in accordance with the administrative procedure and the administrative organ is ordered to make a new determination of work-related injury,but the administrative department may still make the same determination based on the existing evidence and facts.If the crux of administrative power and judicial power in the process of industrial injury identification cannot be resolved in one day,injured employees may be caught in an endless cycle of litigation,which is contrary to the concept of timely relief in the work injury insurance system.The biggest victims are workers who defend their rights itself.Therefore,how to set up the procedures of work-related injury identification is the direction that should be paid attention to and researched to solve this problem.Protecting the legal rights of employees and safeguarding the safety of the work-related injury insurance fund is the starting point of the work-related injury insurance system.The current work-related injury insurance system assigns the power to identify work-related injuries to administrative agencies and uses administrative litigation to supervise them.This has caused a dispute between executive power and judicial power in work-related injury determination.Increasing the complexity of the system and operating costs,so that the rights and interests of workers have been further infringed.The work-related injury insurance system is the system basis for work-related injury identification,and its procedural setting should be based on the principle of social standards,and the full use of the principles of social law is the legal solution.The operation of industrial injury insurance system should rely on social organizations to protect the social rights of the insured,and the public power should be supplemented if necessary.Due to political position,professional level,public trust and other factors,administrative organs also perform their duties.It is necessary to make scientific institutional arrangements for the identification of work-related injuries and judicial review.This article follows the concept of social law in order to resolve the conflict between administrative power and judicial power in the identification of work-related injuries.At present,it is necessary to establish a neutral,professional,and social work injury recognition agency,and design the organization’s composition and recognition procedures on the principle of adhering to the principle of oblique protection of workers.In the long run,the establishment of an independent and specialized collegiate bench within the court not only has the power to review the identification of work-related injury,but also exercise the right to judicial change under appropriate conditions.