On Improvement Of Determination And System Working Reason Of Work-related Accidents In Our Country

Inductrial injury, can be called a work injury, occupation harm, according to the1921 Convention by the International Labor Conference "injury" is defined onlyas a result of the work reason directly or indirectly caused by the accident can beidentified as work-related injuries. Working reason is the worker s in after the damage can be identified as work-related injuries and decisive factors.China’s existing laws did not make a clear definition of work causes the ascertainment of the work-related injury, in the "Regulations" in industrial injury nsurance only enumerates five related work injuries can be identified as work-related injuries, and work to identify the reason in practice occupied the largest proportion. In judicial practice, for example, the 2013 annual administrative case of second instance Foshan City Intermediate People’s court accepted 500 pieces, wherein the ascertainment of a work-related injury in 85 cases, the proportion of nearly 1/5, while in the ascertainment of a work-related injury cases in nearly half of the case is the need for compliance with the injured workersbecause of working reason to judge. At the same time, with the development of society, work-related injuries that the cause of injury and whether transformationmore complex judgement practice. Therefore, has the very strong practical significance of research work to identify the causes of industrial accidents.In this paper, through the analysis of China’s current injury identification worksystem and the practice of the legal norms identified compared to the foreignrelated injury, put forward the perfect work identifying the cause from the legislation and practice level, with a view on work-related injury confirmationprocess and judicial review process can be more direct and efficient to workinjuries caused by judge.