Study On Problems And Causes Of Employment Injury Identification Standard In China’s Employment Injury Insurance

In the whole social insurance system,the employment injury insurance system is an important part,can provide necessary compensation for the workers and their families who suffer from employment injury,and plays a positive role in reducing the risk of employing units,maintaining normal production order and promoting social security and stability.Employment injury identification is the procedure that labor administrative branch affirms lawfully if the accident that laborer encounters or the occupational disease that suffers belongs to employment injury or inspect employment injury,its objective basis is legal employment injury identification range.The conclusion made by this link determines whether the workers suffering from employment injury can obtain corresponding compensation,it is the most core link of employment injury insurance.So employment injury identification standard is an important content of employment injury identification system.In reality,industrial injury accidents occur in a variety of situations,and employment injury identification standards exposed a lot of problems,resulting in many employment injury identification disputes,therefore there are different judgments in the same case.The legitimate rights and interests of workers can not be protected,and enterprise employer liability risk can not be effectively dispersed.In this regard,from the perspective of policy and law,scholars have made legal analysis on the existing problems of employment injury identification in China,and put forward some policy suggestions for improvement.However,existing studies have ignored the reasons for the formation of employment injury identification standards.What causes the existing problems of these standards is the problem that needs to be studied in this paper.Firstly,this paper summarizes the existing problems of employment injury identification standard through literature review.Secondly,this paper analyzes the practical problems of employment injury identification caused by problems of standards.Search,screen,sort out and analyze the judgment documents of Shenzhen,Guangdong province,to reveal that the objectives of the employment injury insurance system,the dispersion of employer liability risk and the protection of labor rights and interests,are difficult to achieve caused by problems of standards.Thirdly,the continuous approximation method is used to conduct qualitative research on the causes of the standard problems,which are ultimately attributed to two aspects of institutional design: policy transplantation and path dependence.Therefore,the policy transplantation theory and path dependence theory are used to explain the causes of the problems.Finally,based on the explanation of the reasons,the path and policy suggestions for the improvement of employment injury identification standards are put forward.Specific contents include the following:Firstly,by combing academic research on employment injury criteria,induce the problems of employment injury identification standards that exist in employment injury insurance system in China: general list exhaustiveness lack problem,fuzzy connotation of core concept problem,unclear causality judgement problem,decision rules conflict problem,value ethic conflict behind regards as employment injury problem and diagnosis and appraisal of occupational diseases problem.Secondly,this paper searches and screened the judgment documents related to the identification of work-related injuries in Shenzhen Intermediate Court of Guangdong Province in 2019,and obtained 180 valid judgment documents,among which 134 were directly related to the identification standards.Sort and analyze these 134 judgment documents,including the basic information,the specific reason,judgment basis,and controversial,the verdict,etc.,reveal problems caused by the identification of industrial injury standards,including large number of industrial injury disputes,time-consuming,different judgments in the same case,increased fund burden because of regarding employment injury and workers’ rights can not be relieved resulting by cost avoidance,then make it difficult to achieve the goal of employment injury insurance system.Thirdly,the continuous approach method is used to conduct a face-to-face interview with the person in charge of the human resources department of the enterprise who uses the employment injury identification standard at the front line.The interviewees from different industries all believe that the problem of the employment injury identification standard in China is mainly due to the system design problem at the policy level.Further find the current policy maker,that is,the head of the government functional departments,the interviewee said that he believed that the existence of employment injury identification standards in China is mainly a historical legacy,the current system depends on the original system.Further find the early policy makers,respondents mentioned that China’s employment injury identification standards in the initial establishment of reference to foreign reform experience,which mainly learned from Germany’s employment injury identification standards.Through this continuous and gradually approaching attribution process,the existence of problems of employment injury identification standards in China is finally attributed to historical path dependence and learning foreign policies resulting in acclimation.Fourthly,according to the conclusions of the qualitative research methods,this paper explains the existing problems of employment injury identification standards in China theoretically with the policy transplantation theory and path dependence theory.On the one hand,analyze the phenomenon of policy transplantation of employment injury identification standards in China,and historical evidence is used to prove that there is indeed a policy transplantation of employment injury identification standards in China.The essence is to establish a universal institutional framework that can be in line with international standards through learning and imitation.The background of policy transition mainly includes convergence effect of employment injury insurance and difficulties in application of Labor Insurance Regulations.But the acclimatization caused the unsustainability of employment injury insurance fund and the phenomenon of unjust enrichment,so the content of policy transplantation has been adapted,including the adjustment of "fault liability" in commuter accident standard,the adjustment of closed occupational disease catalogue and the adjustment of the standards that cannot identify employment injury.On the other hand,analyze the path dependence phenomenon in the transplantation of employment injury identification standard policy in China,revealing that the regard as employment injury identification standards of the employment injury identification system in China has the dependence on the original path.Due to the gradual reform of the economic system in the transition period,the concept of "public" in the employment injury,the vested interests of the old system and the lack of other guarantee,the old employment injury identification standard has not been completely removed,but to a certain extent has been inherited.However,this kind of path dependence brings about the ethical problems of sudden disease clause,the rights and interests of good samaritans can not be guaranteed,and the soldiers are not employed.Therefore,policy innovation should be carried out.Finally,based on the above research,the following policy suggestions are put forward: first,based on the principle of no-fault liability and fixed compensation to improve the identification standard,legislation to clarify the principle of employment injury identification,design the general provisions of employment injury identification,adopt the no-fault principle in the identification of commuting accidents,add open clauses in the list of occupational diseases.The second is to strip the function of being regarded as work-related injury,and improve the construction of supporting systems.Unrelated to the work of sudden disease industrial injury security return to medical security,establish a national compensation system for the public interest damage,and establish a second disability fund for retired disabled soldiers,So as far as possible to make the provisions of regarding as employment injury universal.