Analysis On The Case Of Work-related Injury Confirmation Jinghua Dai V. Tumen City Human Resources And Social Security Bureau

When it comes to the progress of identification of injure accident, there are still some unsolved doubts in China currently. In some degree, this phenomenon causes conflicts to legal rights of labors and their employers and affects steady development of the society negatively. Apparently, discussing current injure accident insurance regulations rigorously and deeply plays a dominant role in the law researching area. Even though, the law clearly regulates the standards of identification of injure accident, with the society develops, types of work alter and the complexity degree of work increases, the current law is insufficient to judge recent injure accident accurately and the justices of different courts are not united. This would be the most urgent problem to be resolved. While the injure accident occurs, making right and timely identification relates with actual benefits of parties of injure accident. In the meantime, the final result involves whether the relationship between the employer and injure accident parties goes well or not. In the juridical practices,occasionally there would be some cases do not have united justices as various standards from different local courts. Moreover, there are also injure accident rights protection disputes because inconformity between judiciary and administrative standards. In fact, two main reasons lead to disunited standards are existing many elements of discretion and individual mind and logic differences. Our related law has many certain limitations, although new judicial interpretation details identification rules continuously, it is significantly hard to cover all situations have arisen. In terms of Jinghua Dai litigates Human Resource Department and Social Security Department, there will discuss how to define and choose the standards of administrative judge about injure accident and rethink present weaknesses. Basically, I will use case study analysis as the prime way and discuss relevant law in the injure accident indication through judgment evidences and conclusion from similar injure accident cases. In my point of view, injure accident indication should apply ’combining punishment with leniency’ clause to reinforce the coordination between indication department and the People’s court and the effects of template of case study.