On The Perfection Of The Legal System Of Industrial Injury

The purpose of the legislation of the industrial injury insurance system is to protect the legitimate rights and interests of laborers and balance the relationship between employers and laborers to promote the stable development of society.The legal system of industrial injury identification is the core content of the industrial injury insurance system.The industrial injury identification is the most important link to start the operation of the industrial injury insurance system.The operation of the legal system of industrial injury identification directly affects the industrial injury insurance system.China's industrial injury insurance system,which started late in the world,was gradually established after the founding of the People's Republic of China.It is not perfect compared to the industrial injury insurance system that has been developed abroad for more than a hundred years.Since the 1990s,our country has entered a period of rapid economic development.With the rapid development of industrial production,the risk of workers suffering occupational injury has also become more and more large,and disputes and disputes over the identification of industrial injuries have also increased year by year.In practice,the system of industrial injury identification in our country shows that it is more and more unable to adapt to the disadvantages of rapid economic development.This is mainly reflected in the following:First,the standards for the determination of injuries in the workplace are set out in a list of conditions,which are characterized by delays in the formulation of legislation,although to a certain extent they facilitate the operation of the workplace injury determination department.However,faced with the new problems emerging in the process of industrial injury identification,the exclusionary clauses are manifestly inadequate;The second is that the process of industrial injury determination is too complicated,and industrial injury workers can not obtain timely relief;The third is to treat the application subject differently,and the employee's own application qualification that has a direct interest in the injury determination is placed behind the employing unit.Obviously,it is not reasonable enough,and the application time limit is short for the employing unit;Fourth,the establishment of industrial injury identification institutions is unreasonable,and the social insurance administrative departments are also responsible for formulating,executing,supervising,and so on.Many of the above problems reflect that the current industrial injury identification system can not meet the growing social needs,resulting in the legal rights and interests of employees can not be guaranteed.Therefore,studying the system of industrial injury identification in China and promoting the improvement of the system of industrial injury identification has an important role in China's industrial injury insurance system.Based on the historical evolution and theoretical foundation of the legal system of industrial injury determination,case analysis methods,literature research and so on,and analyzes the legislative status quo of the industrial injury identification system.To study the problems existing in China's industrial injury identification system,draw on the historical experience of developed countries in the field of industrial injury identification,and combine my daily work experience.The following suggestions are put forward on improving the standards,procedures,and establishment of institutions for the identification of injuries:First,the relevant provisions adopt a combination of enumeration and generalization to make up for the fact that the enumeration clauses can not meet the growing needs of society.The second is to delete the provisions in the same standards as the injury of employees in the maintenance of public interests and the recurrence of old injuries of veterans.In view of the above situations,countries should set up special funds and special pension mechanisms to solve their treatment problems.Third,the exclusion of work injury standards should fully consider the"work reasons" this factor,can not completely "drunk","suicide,self-harm" excluded from the scope of work injury.The fourth is to simplify the procedures for the determination of industrial injuries to ensure that workers can obtain timely relief.The fifth is to adjust the order and time limit of the applicant.Sixth,to improve the establishment of industrial injury identification institutions in China,the courts and labor arbitration institutions can be granted the right to non-insured employers 'industrial injury identification,ensuring that the legal rights and interests of industrial injury workers in China are effectively protected.