【摘要】 工伤认定是工伤待遇给付的前置程序,而我国把工伤认定界定为行政确认行为,因而对其实行行政救济,这样导致工伤认定程序繁琐、漫长,同时,也造成了行政权和司法权的冲突,不利于维护工伤职工的合法权益,因而必须对现行的工伤认定程序进行改革。完善和改进工伤认定程序的前提是对工伤认定性质的界定。从社会法的理念出发,不应该把工伤认定界定为行政确认行为,其只是社会保险机构为给付工伤保险待遇而为一种行为,为此,就要进行工伤认定机构改革,实现工伤认定机构的社会化;取消工伤认定前置程序,简化工伤认定程序;赋予法院和仲裁机构的工伤认定审查权。更多还原

【Abstract】 Confirmation of work-related injury is the pre-program of the payment of benefits of the work-related injury insurance,and confirmation of work-related injury is identified as the administrative confirmation act,so it is necessary to conduct administrative relief to it,but this has led to a cumbersome and long procedure of confirmation of work-related injury,it also resulted in the conflict of the executive and judicial powers.These do not benefit to safeguarding the legitimate rights and interests of injured workers,so it is necessary to reform the procedure of confirmation of work-related injury,and the premise to improve the procedure is to define the nature of the work-related injury.Proceeding from the concept of social law,confirmation of work-related injury should not be defined as an administrative confirmation act but an act that the social insurance institutions pay injury insurance benefits,so it is necessary to reform the insurance agencies of work-related injury;cancel pre-determined procedure of work-related injury,and give courts and arbitral bodies the right of review of confirmation of work-related injury.更多还原