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Study on the Problem and Countermeasure about Identify of Industrial Injury in China

Author: LiYe
Tutor: ZhangMinSheng
School: Shanxi University
Course: Administration
Keywords: Injury Related injuries Injury Insurance
CLC: D922.5
Type: Master's thesis
Year: 2011
Downloads: 200
Quote: 0
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Abstract


Social security relations with the vital interests of millions of people, is the country of fairness and justice, essential for long-term stability. Industrial injury insurance as a social insurance system is an important one, although its scope as medical insurance, pension insurance widely, but it is indispensable to an industrialized society, is to safeguard the legitimate rights and interests of workers injured at work the most effective protection. In the whole process of industrial injury insurance, related injuries are the most basic and most important aspect, whether related injuries make timely and effective manner, directly related to the ability of injured workers to obtain proper injury treatment, therefore, to study it has a very important practical significance. The current number of injuries has dropped, but the number of accidents has been rising continuously, there are a lot of injuries that dispute, but China also is entering a period of high incidence of occupational diseases in 2009, the sensational Zhang Chao \for the country's occupational injuries and diseases identified sounded the alarm. Our related injuries related to the existence of loopholes in the law, citing injury law can not comprehensively cover various scenarios, and the lack of uniform operating standards, resulting in disputes related injuries increased; recognized the complexity of the program makes the rights of injured workers take too long; while institutional settings more monopoly and an insufficient number of injured workers can not lead to timely identification; government regulation also loopholes identified the existence of institutional chaos, the loss of corporate conscience employer refuses to provide information to applicants and individual workers lack basic self protection of common sense and legal awareness. To solve these problems, we propose the following measures: First, to improve the legal system, reduce legal loopholes for increased judicial interpretation of the relevant legal provisions and uniform operating standards, and expand the scope of related injuries; Secondly, the injuries that simplify procedures and reduce unnecessary steps, while doing mediation work, reduce disputes arising; once again, for the diagnosis of occupational related injuries and identification of institutions and organizations for a reasonable setting, the injuries that ultimately finds the right handed people's court, the status quo will reduce duplication of proceedings; final strengthen the relevant government departments, employers and employees personal supervision. Through these measures to improve our related injuries, in order to safeguard the legitimate interests of injured workers receive effective and timely protection. This research could make our related injuries in theory and practice to achieve further development, thus more effectively protect the legitimate rights and interests of workers, and promote social equity and justice and the whole long-term stability.

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