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2009年7月24日国务院下发了《国务院关于修改<工伤保险条例>的决定(征求意见稿)》,针对人们争议已久的工伤保险认定范围、未缴纳工伤保险费的工伤处理及工伤处理程序等问题进行了不同程度的调整。在新的征求意见稿中关于工伤认定争议和程序的修改共涉及了4个条文。为那些因无法正常拿到工伤保险而踏上维权路的人们带来了希望。但这些修改能否彻底改变我国现有工伤认定制度中存在的种种不完善,解决职工维权难的问题?本文在此尝试从工伤认定的角度分析我国原《工伤保险条例》与《征求意见稿》中的相关法规,以及借鉴国外制度的优势从而对我国修改后的《工伤保险条例(征求意见稿)》中工伤认定制度进行进一步的认识。
On July 24, 2009, the State Council issued the Decision of the State Council on Amending the Regulations on Work-related Injury Insurance (Draft for Soliciting Opinions) in response to the controversial long-controversial scope of the work-related injury insurance and the injury-related and injury-related injuries that have not been paid for industrial injury insurance Procedures and other issues were adjusted to varying degrees. In the new draft of the draft on the identification of work-related controversy and procedures for the amendment involves a total of four provisions. Hopes will come to those who embark on activism because they can not get their work-related injury insurance properly. However, these changes can completely change the existing system of identification of work-related injuries in our country are not perfect, to solve the problem of workers’ rights is difficult.This article attempts to analyze the original “Work Injury Insurance Regulations” and “Exposure Draft” In the relevant laws and regulations, as well as the advantages of foreign institutions to learn from our revised “Work-injury Insurance Regulations (Exposure Draft)” in the work-injury recognition system for further understanding.