Tracing the Root for Resolution:On the Substantive Resolution of Intertwined Civil and Administrative Disputes over Work Injury Determination
Work injury cases are a major type of administrative litigation in China.In practice,such cases have been characterized by extensive"procedural idling"and difficulties in resolving the disputes,which have im-peded the functioning of the work-injury insurance system.Existing substantive dispute resolution methods fo-cus on improving judicial remedies but overlook the systemic causes of the disputes,failing to address the root of the problem.A comparison of different work injury risk protection models reveals that China's current work injury insurance system has blurred public-private boundaries,fragmented procedures,and lacks effec-tive protection of the right to payment.Improving the work injury insurance system and replacing the existing system's cumbersome procedures of labor relationship confirmation,work injury determination,work injury insurance treatment determination,and treatment payment with a single work injury insurance benefit deci-sion will resolve the intertwined civil and administrative disputes at their source,reduce the number of dis-putes,and activate the potential of administrative litigation to resolve disputes,protect rights,and promote welfare administration.This exploration of dispute resolution pathways also demonstrates a new approach to substantively resolving administrative disputes.Administrative disputes are the product of specific systems,and focusing on the impact of substantive legal system design on administrative dispute resolution is the es-sence of the rule-of-law-based"governance of the source of litigation".
Work Injury DeterminationSocial InsuranceWelfare AdministrationSubstantive Reso-lution of Disputes
万方数据
维普
