On the Improvement of the Identification Procedure of the Occupational Injury in China

Abstract

The identification procedure of the occupational injury in China is so complicated that it impedes the preconceived effect of the occupational injury insurance severely. This thesis collected 2774 judicial documents of Chinese courts from the Pkulaw database. On the foundation of the present system of the identification procedure and the analysis of the judicial documents, it’s found that both the time cost and the evidences in the cases of the occupational injury are not reasonable. We should simplify the procedure to improve Chinese occupational injury insurance system. On one hand, we should cancel the identification as the pre-procedure of the application of industrial injury insurance. On the other hand, the injured worker should be allowed to file an incidental civil action in the administrative suit.