The Analysis Of Occupational Injury’s Administrative Confirmation Case About Xiameni Hai Xinxi Company Litigate Xiamen Social Council

At present,administrative approval in the administrative litigation in case of large proportion. Industrial injury cases, the social security administrative departments to make industrial injury conclusion bring administrative litigation case more and more, according to incomplete statistics, of the total number of grass-roots courts administrative litigation’s 1/3. As is known to all, injury insurance legal system is based on the legal system of social standard, we are inclined to protect workers legitimate interests at the same time also should protect the legitimate interests of unit of choose and employ persons. Countries in order to better safeguard the legitimate interests of disadvantaged workers, in 《Industrial insurance rules》’s the second paragraph of article 19 and 《 The measures of injury determination》’s article 17 of the unit of choose and employ persons the rules of the onus perversion. But with the continuous development of economic society, industrial injury cases form is more and more complex, the complex situation is far more than the law described in the simple case. If unit of choose and employ persons does not think is occupational injury and has failed to provide the contrary evidence to support a variety of reasons, the bearing of the burden of proof is connected with the results,the social insurance administrative department can therefore make a presumption of occupational injury to be set up? Determine the main basis of distribution of burden of proof concrete standard should be the socialist market economy era of equality. So in order to better reflect social fairness and justice principle, reduce unnecessary disputes in the process of industrial injury, to better safeguard social harmony and stability, are now in the process of industrial injury evidence rules of the specific problem to study is very necessary. This thesis in Xiamen Hai Xinxi industry and trade co., LTD., v. the social security administration confirmed case in Xiamen people club bureau for example, in 《Industrial insurance rules》’s article 18 and article 19 and 《the measures of occupational injury》’s article 6, article 9. article 17, now of the social security administrative department, unit of choose and employ persons and laborer in the injury maintains the burden of proof is analyzed.This thesis includes five most. The first part is introduction, introduces the background of selected topic, research purpose, significance and methods. The second part of Xiamen Hai Xinxi industry and trade co., LTD. V. Xiamen city’s human resources and social security bureau of the social security administration confirmed case of introduction and analysis of the case and the court verdict. The third part analyzes the focus of the case problems, including unit of choose and employ persons onus perversion rules apply to disputes and social security administrative department can make a presumption of occupational injury of controversy. The fourth part in industrial injury improving suggestions how to reasonably share the burden of proof, including judicial practice to avoid mechanical rules of onus perversion for unit of choose and employ persons; Laborer undertake preliminary proof obligations; Social insurance administrative department in accordance with the law actively perform investigation and verification, etc.