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近年来,我国市场经济劳动制度不断完善,精神卫生知识逐渐普及,在用人单位和劳动者之间发生劳动争议案例中,涉及对疑似精神异常的当事人作精神疾病司法鉴定的情况逐年增多。这类情况比较特殊,它关系到精神病人作为劳动争议当事人的合法权益。2002年4月5日,我国劳动和社会保障部制定了《职工非因工伤残或因病丧失劳动能力程度鉴定标准(试行)》,其中包括精神病人劳动能力方面的内容。
In recent years, China’s labor market system has been continuously improved, and mental health knowledge has been gradually popularized. In the cases of labor disputes between employers and workers, cases involving judicial identification of mental illness of parties suspected of having an abnormal mental status have been increasing year by year. This kind of circumstance is rather special. It relates to the legitimate rights and interests of mental patients as parties to labor disputes. On April 5, 2002, the Ministry of Labor and Social Security of our country formulated the “Appraisal Criteria for Non-work-related Disabilities or Work-related Disabilities Due to Illness (Trial)”, which includes the content of mental patients’ ability to work.