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工伤认定程序是工伤职工权利救济的重要途径,决定着工伤职工权利保障的程度,也是检验工伤保险法律制度是否完善的标准之一。对工伤认定进行探析,是完善工伤认定程序的必要前提,也是工伤认定程序改革的方向。以界定工伤认定的概念为出发点,从工伤认定行为的性质、工伤认定的主体、工伤认定与劳动关系认定的关系等维度对工伤认定的性质进行剖析,对完善工伤认定程序有重要的意义。
The procedure for determining work-related injury is an important way to remedy the rights of work-related injuries and determine the degree of protection for the rights of work-related injuries. It is also one of the criteria for checking whether the legal system of work-related injury insurance is perfect. The analysis of the identification of work-related injuries is a necessary precondition for perfecting the procedures for the recognition of work-related injuries and also the direction of the reform of the procedures for identifying work-related injuries. Starting from the concept of defining work-related injury, analyzing the nature of work-related injury from the dimensions of the nature of work-related injury identification, the main body of work-related injury identification, the relationship between work injury and labor relation has important meanings in improving the procedure of work injury identification.