在实际的操作层面上,我国审理工伤行政案件的法律适用问题,还存在着许多困惑和分歧,这对于法治的完善和立法精神的贯彻,以及人本意义上的合法权益保障,产生不利的影响。本文讨论审理工伤行政案件适用法律的问题,通过对一些困惑和歧见的辨析,提出解决问题的建议。 At the actual operational level, there are still many puzzles and differences in the legal application of the administrative cases of work-related injuries in our country, which have a negative impact on the improvement of the rule of law and the implementation of the legislative spirit as well as the protection of the lawful rights and interests in the humanistic sense . This article discusses the application of law on administrative cases of administrative punishment for work-related injuries, and through the analysis of some puzzles and disagreements, puts forward suggestions on how to solve the problems.