Analyzing The Optimization Of Legislations Of Work-related Injury Certification In China

Work-related injury certification, the content of which directly influences the protection of workers' right and the stable relation between employer and employee, is an important part of work-related injury insurance system. Chinese corresponding laws and regulations have some defects and limitations in this aspect. A systematic analysis on the existing questions of certification of job injury has been given in this article, and its details are as follow:The first chapter is foreword, mainly showing the main purpose of writing this article.The second chapter mainly introduces the elementary knowledge of work-related injury and work-related injury certification from the aspects of their definitions, features and the foundation and development of relative legislations.The third chapter starts with the substantive standards of work-related injury certification, and firstly elaborates on the work-related injury specific scope set by Chinese Work-related Injury Insurance Regulations, and then summarizes the core standards of work-related injury certification based on law specification and its practice, including four elements of harm fact, work relations, fulfillment of work responsibility as well as cause-effect relation, and finally analyzes the questions of Chinese work-related injury scope: 1) drawbacks exist for defining the scope by examples, 2) its scope Certification shows some discontinuous in legislations, 3) boundary of some basic concept is not clear in legislation.The fourth chapter analyzes the procedures and disadvantages of work-related injury certification. First of all, it introduces main theme, documents for work-related injury certification, and then shows questions for work-related injury certification procedures: 1) procedures set by municipal department are not reasonable, 2) judicial procedure costs too long and too much, 3) procedures set by municipal department are not thorough, 4) it is not clarified that how to quote for workers in application for injury certification, 5) displacement of quoting responsibility leads to impossibility of protecting the weak side, 6) no specification of judicial duty for those enterprises who do not apply for work-related injury certification in time.the last chapter gives some solutions to the substantive and procedure questions during work-related injury certification mentioned above,which consists of: 1) enlarge work-related injury certification scope reasonably in the future legislation, 2) update corresponding law and regulations, unify its Certification standards, 3) clarify judicial characterization and duty commitment,4)set reasonable treating program for work-related injury disputes, 5) improve quoting duty in work-related injury insurance cases. And some valuable system suggestions about how to consummate work-related injury law in the future are listed at the end of the article.