Research On The Standard Of Work Injury Identification From The Perspective Of The Relationship Between Administrative Power And Judicial Powe

Since the revision of the "Regulations on Work Injury Insurance" by the State Council,due to the continuous development and progress of the society,many new cases of administrative work injury identification have appeared in practice,but the provisions in the "Regulations on Work Injury Insurance" cannot effectively cover all Therefore,various localities have issued their own normative documents,and the Supreme Court has also issued a series of judicial interpretations and guiding cases.Especially after 2014,the frequency of issuance by the Supreme Court has been maintained at a high level,which has led to The standards for identifying work-related injuries are also becoming more complex.Judicial relief is an indispensable last line of defense for resolving disputes in the identification of work-related injuries.However,due to the continuous release of judicial interpretations and judicial documents,for work-related injury cases,the judicial standards for work-related injury identification are becoming more and more refined.,it will inevitably conflict with the standards for administrative identification of work-related injuries,and the situation of "circular litigation" still remains unresolved,resulting in the entire relief process taking a long time and the inability to resolve disputes in a timely and effective manner.In our country,executive power and judicial power are parallel powers,which means that the executive enjoys a certain space for autonomous decision-making without excessive judicial interference.With the continuous improvement of the level of the country’s rule of law and the people’s concept of the rule of law,the ability of administrative organs to govern according to law is also increasing.At present,there are various methods of supervision for the exercise of public power,and the administrative power tends to find the best control point.This paper hopes to Referring to relevant domestic and foreign theories,and analyzing the differences and their causes through the laws,regulations,data,and cases of the administrative and judicial organs for the identification of work-related injuries,and trying to find a way to solve the differences by making suggestions.This article is divided into the following parts:The introduction part mainly discusses the background and research purpose of the administrative and judicial recognition standards,the review of domestic and foreign literature and the main research methods of this paper.The first part of the text is to analyze the current status of differences between administrative and judicial work-related injury determinations through the analysis of case data in recent years,as well as the sorting out of laws,regulations,rules,and normative documents.The second part of the text is from the perspective of the relationship between judicial power and administrative power,through the analysis of guiding cases and data,to find the root cause of the difference between administrative and judicial workrelated injuries.The third part of the text is to draw the methods and methods that can be used for reference and improvement by comparing the ways of resolving the differences between the administrative and judicial work-related injury identification standards in Germany,Singapore,and the United States.The fourth part of the text is to put forward suggestions to resolve the differences between administrative and judicial identification standards,including new identification subjects,perfecting the standards of laws and regulations,and clarifying the boundaries and factors of judicial power in administrative litigation.