完善我国工伤认定法律制度的思考
发布时间：2018-07-29 09:22
【摘要】： 工伤是当代社会必须面临的重大社会问题,它关系到劳动者与用人单位的切身利益,也关系到小到一个家庭,大到整个社会的稳定与安宁。随着我国工伤保险制度的逐步建立,工伤认定法律制度也已初具雏形。然而,随着我国经济的进一步发展,工伤认定争议也日益增多,究其原因,与我国工伤认定法律制度不够完善具有一定的关系。如何完善我国的工伤认定法律制度,正成为一项重要的社会课题。本文从工伤认定法律制度的历史沿革和理论基础出发,综合运用经济学知识和管理学知识并采取历史分析、比较分析、实证分析等科学分析方法,对完善我国的工伤认定法律制度提出了自己的观点。文章主文由四部分组成:第一部分为工伤认定法律制度概论,主要介绍工伤及工伤认定的概念、工伤认定的历史沿革以及工伤认定的原则;第二部分主要对美国、德国、日本、国际劳工组织以及我国台湾地区的工伤认定标准和范围进行了较为详尽的比较;第三部分为我国目前工伤认定的法律困惑以及成因分析,从工伤认定实体和程序两个方面分别进行了罗列和分析;第四部分为完善我国工伤认定法律制度的建议,也从工伤认定实体和程序两个方面,在汲取域外先进理念和总结实践经验的基础上提出了具体的完善建议。
[Abstract]:Industrial injury is a major social problem that must be faced by contemporary society. It concerns the vital interests of workers and employers, as well as the stability and tranquility of a small family and the whole society. With the gradual establishment of industrial injury insurance system in China, the legal system of industrial injury recognition has already taken its infancy. However, with the further development of our country's economy, the dispute of industrial injury identification is increasing day by day, which has a certain relationship with the imperfect legal system of industrial injury identification in our country. How to perfect the legal system of industrial injury recognition in our country is becoming an important social subject. Starting from the historical evolution and theoretical basis of the legal system of industrial injury identification, this paper synthetically applies the knowledge of economics and management, and adopts scientific analytical methods such as historical analysis, comparative analysis, empirical analysis, etc. The author puts forward his own viewpoint on perfecting the legal system of industrial injury recognition in our country. The article is composed of four parts: the first part is an introduction to the legal system of industrial injury identification, which mainly introduces the concept of industrial injury and industrial injury identification, the historical evolution of industrial injury identification and the principle of industrial injury identification; the second part mainly focuses on the United States, Germany, Japan, the United States, Germany, Japan, The International Labour Organization (ILO) and the Taiwan area of China have made a detailed comparison of the standards and scope of industrial injury determination. The third part is the legal confusion and cause analysis of the current industrial injury identification in China. The fourth part is the suggestion of perfecting the legal system of industrial injury identification in our country, and also from the two aspects of the entity and procedure of industrial injury identification. On the basis of absorbing foreign advanced ideas and summing up practical experience, some concrete suggestions are put forward.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D922.5
本文编号：2152236
[Abstract]:Industrial injury is a major social problem that must be faced by contemporary society. It concerns the vital interests of workers and employers, as well as the stability and tranquility of a small family and the whole society. With the gradual establishment of industrial injury insurance system in China, the legal system of industrial injury recognition has already taken its infancy. However, with the further development of our country's economy, the dispute of industrial injury identification is increasing day by day, which has a certain relationship with the imperfect legal system of industrial injury identification in our country. How to perfect the legal system of industrial injury recognition in our country is becoming an important social subject. Starting from the historical evolution and theoretical basis of the legal system of industrial injury identification, this paper synthetically applies the knowledge of economics and management, and adopts scientific analytical methods such as historical analysis, comparative analysis, empirical analysis, etc. The author puts forward his own viewpoint on perfecting the legal system of industrial injury recognition in our country. The article is composed of four parts: the first part is an introduction to the legal system of industrial injury identification, which mainly introduces the concept of industrial injury and industrial injury identification, the historical evolution of industrial injury identification and the principle of industrial injury identification; the second part mainly focuses on the United States, Germany, Japan, the United States, Germany, Japan, The International Labour Organization (ILO) and the Taiwan area of China have made a detailed comparison of the standards and scope of industrial injury determination. The third part is the legal confusion and cause analysis of the current industrial injury identification in China. The fourth part is the suggestion of perfecting the legal system of industrial injury identification in our country, and also from the two aspects of the entity and procedure of industrial injury identification. On the basis of absorbing foreign advanced ideas and summing up practical experience, some concrete suggestions are put forward.
【学位授予单位】：苏州大学
【学位级别】：硕士
【学位授予年份】：2007
【分类号】：D922.5
【参考文献】
相关期刊论文 前1条
1 王涛;李培志;;超过法定退休年龄的工伤认定[J];中国劳动;2007年03期
，本文编号：2152236
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