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Supreme People's Court on Several Issues Concerning the Trial of Administrative

Add Date:2015/8/3 Hits:2254 Font Size:S M L BACK

Correct trial related injury insurance administrative cases, according to "People's Republic of China Social Insurance Law", "People's Republic of China Labor Law", "People's Republic of China Administrative Procedure Law" and other relevant laws and administrative regulations "Work Injury Insurance Regulations", combined with the actual administrative trial, the enactment of this provision.


The first People's Court administrative cases related injuries, in determining whether the presence of Article 14 (f) "primary responsibility for himself," Article 16 (b) "drunk or drug abuse," "Work Injury Insurance Regulations" and When Article 16 (c) "self-mutilation or suicide," and other circumstances, responsible for the accident should be issued by the competent authorities, the concluding observations and People's Court valid judgment and other legal documents as the basis, but there is evidence to the contrary sufficient to invalidate except accident liability Confirmation and concluding observations.


The aforementioned legal instruments do not exist or unclear, and the social security administration departments make a determination on the facts in the preceding paragraph, the people's court should be combined with the evidence provided by its law review.


Article 16 (a) "intentional crime" finds "Work Injury Insurance Regulations", should the criminal investigation, prosecution and judicial effective legal instrument or concluding observations as the basis.


Article People's Court accepted the administrative cases identified after injury, found the plaintiff or the third person in administrative proceedings before the existence of labor relations has to apply for labor arbitration or file a civil action, it shall suspend the trial of administrative cases.


Article social security administration departments identified the following units to undertake work-related injury insurance unit, the people's court should be supported:
(A) the establishment of labor relations with employees of two or more units, when accidents occur, whom work for their employees assume responsibility for injury insurance unit;
Dispatch unit is to assume responsibility for injury insurance unit (b) the dispatch unit dispatch workers during labor unit casualties arising out;
(C) unit assigned to other units of staff due to work injuries, and assigning units to assume responsibility for injury insurance unit;
(Iv) any employer violates the laws and regulations will not have the contracting business subcontracted to the qualification of labor organizations or individuals, organizations or individuals that hire workers to assume responsibility for work-related injury insurance casualties, employers engaged in contracting business units;

(V) other personal calling foreign business units, which employ personnel casualties due to work being affiliated units to undertake work-related injury insurance unit.


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