Good morning!
I am XXX from Class 20xx 1, and my thesis is entitled "On the Legal Definition of Industrial Injury and Non-Industrial Injury".
With the continuous development of socialist market economy, industrial accidents are constantly emerging. However, there are many kinds of industrial accidents, and the defects of laws and regulations make it a big problem for the labor administrative department to implement labor administration. At present, the party and the government are vigorously building a socialist harmonious society, and the people-oriented concept also requires the gradual improvement of industrial injury insurance in the social security system. Work-related injury identification is a necessary prerequisite for employees to enjoy work-related injury insurance benefits. As a student majoring in labor and social security, I chose the identification of work-related injuries related to my major and close to social hotspots as the subject.
By discussing the legal definition of industrial injury and non-industrial injury, we have a comprehensive and detailed understanding of the legal definition of industrial injury identification, and combine specific cases and foreign experience to explore the lack and confusion of the legal system for defining industrial injury and non-industrial injury in China. Improve the popularization and understanding of the legal principles of industrial injury identification, and get effective methods to deal with special situations and controversial cases in the new period.
The first part of the paper introduces the concepts of work-related injury and work-related injury identification, and expounds several basic conditions of work-related injury identification, which paves the way for the following discussion. The second part, combined with China's industrial injury insurance regulations, the legal definition of industrial injury and non-industrial injury in China consists of situations that should be recognized as industrial injuries, situations that should be recognized as industrial injuries, situations that cannot be recognized as industrial injuries, and procedures and conditions for recognizing industrial injuries. The third part discusses the legal definition of industrial injury and non-industrial injury abroad, taking the United States, Germany and Japan as examples respectively. The fourth part discusses three legal difficulties in the identification of work-related injuries in China at this stage: the problems existing in the identification system of work-related injuries, the contradiction between administration and justice in the identification of work-related injuries, and the legal definition of work-related injuries and non-work-related injuries under several special circumstances. The last part puts forward some suggestions to improve the identification of work-related injuries in China: defining the identification standards of work-related injuries, amending some work-related injury insurance regulations and expanding the scope of work-related injuries in a limited way.
The logical relationship used in this paper is the total score relationship. Firstly, the identification of work-related injuries is summarized, the current situation of identification of work-related injuries at home and abroad and the legal dilemma of identification of work-related injuries in China are described, and finally some suggestions for improvement are put forward.
In the research process of this topic, many different viewpoints were found, which affected the progress of the paper, but through their own identification of these viewpoints, they also increased their knowledge and deepened their impressions, which was ultimately beneficial and harmless. Among them, some people think that China should expand the scope of work-related injury identification and protect the interests of workers to the maximum extent, while another view holds that the existing standards for work-related injury identification are vague and should be restricted. When I looked at these two viewpoints, it was a bit confusing at first, and there was no distinction. Finally, it is concluded that the scope of work-related injury identification is limited and the standard of work-related injury identification is clear.
Due to the limited depth of writing and research, I think there are still many things that are closely related to my thesis but have not been mentioned or discussed clearly enough. First, in some typical cases, only a few kinds of work-related injuries have been identified, such as string posts, karoshi, mental damage and so on. And whether the accidental injury on the way to and from work, which is concerned by the society, belongs to work-related injuries, has not been expounded. Secondly, due to the limitation of majors, there are not many suggestions to improve the legal definition of industrial injury and non-industrial injury in China.
The above is my self-report of defense, please criticize and correct me, thank you!
The above is a model essay on defense of law graduation thesis shared by Bian Xiao, a global ivy league school. I hope it will be helpful to my friends majoring in law in senior year!