Legal Issues Related Injuries Found In The Risk Society Study

This paper adopts the methodology of legal-sociology and risk society theory to analyze the background of risk society in China and points that the social problems of risk society, as injury suffered on jobs, have appeared in China. Therefore, the complete risk-control system of designated in for the disadvantaged labors should be established and care of labors. The way of recognition of injury suffered in job discussed in this paper is one of the solutions to this problem. The first part of this paper briefly cardings the legal provisions of China from the perspective of the legal history of work-related injury domestically and abroad. The risk society makes the sounder and more complete work-related injury system a must. After research of the concept and requirement of work-related injury, this paper will proceed in terms of the subject, the situation of recognition and the procedure of recognition of work-related injury. The recognition of subjects of work-related injury includes the recognition of retired labors, the child laborer, the employers and the affiliating vehicles employers. The recognition of work-related injury exist indirect, elusive and marginal situations, including lumbar muscle degeneration, commuting hours, vocational diseases and non-working time injury problems. The procedural problems in the recognition of subjects, time limit, specific links and ex-officio investigation of the court. In this part, this paper will use the empirical research method, case-study and legal comparative methods. Last but not the least, according to the defusing risk theory and the State Council, Work-related Injury Insurance Regulations exposure draft and legal practice to offer the related suggestion to make the draft more complete...