工伤事故认定及其司法审查制度完善

发布时间：2018-05-04 02:19

本文选题：工伤保险 + 工伤事故认定　；参考：《吉林大学》2008年硕士论文

【摘要】： 工业社会以来,工伤事故损害一直是文明发展的劲敌,工伤保险制度正是为了针对这种损害而诞生的。从发展历史上,不难看出工伤保险制度是矛盾的产物,一方面它是具备公益性质,服务宗旨是恢复最大范围劳工的损害;另一方面它作为一种保险制度,也要考虑收支平衡。工伤事故认定也完全继承了这种特质,在实践当中,认定部门面对的最棘手问题,就是如何能将保险金尽快的“发出去”同时还要“发对人”。但形势的发展并不是等到我们有准备之后,自从被定位为“世界工厂”之日起,我国的工伤事故量就开始激增,计划经济体制下的工伤保险制度与此同时宣告瓦解,大量再就业人员和农民工的涌入导致劳动力市场转入买方时代,很多劳工因此被迫游离在工伤保护制度之外。笔者认为,顺利度过保险体制转型期的关键在于工伤事故认定制度的完善。因此,本文从行政法和司法审查两个角度,对工伤事故认定制度进行重新审视,总结目前存在的突出问题,力图为今后的立法工作提供成熟的思路。
[Abstract]:Since the industrial society, industrial accident damage has been the fierce enemy of civilization development, and the industrial injury insurance system was born for this kind of damage. From the history of development, it is not difficult to see that the industrial injury insurance system is the product of contradiction. On the one hand, it has the nature of public welfare and the purpose of service is to restore the maximum scope of labor damage; on the other hand, as an insurance system, it should also consider the balance of income and expenditure. The identification of industrial accidents also inherits this characteristic completely. In practice, the most difficult problem that the department faces is how to "send out" the insurance money as soon as possible, and at the same time, "send to the people" at the same time. However, the development of the situation did not wait until we were ready to do so. Since the day we were positioned as a "world factory," the number of industrial accidents in our country has increased dramatically, and the industrial injury insurance system under the planned economic system has at the same time collapsed. The influx of reemployment workers and migrant workers led to the labor market turning into the buyer's era, and many workers were forced to drift away from the industrial injury protection system. The author believes that the key to the smooth transition of the insurance system lies in the perfection of the identification system of industrial accidents. Therefore, from the two angles of administrative law and judicial review, this paper reexamines the system of the identification of industrial accidents, summarizes the existing outstanding problems, and tries to provide a mature way of thinking for the future legislative work.
【学位授予单位】：吉林大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：D922.5

【引证文献】