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通过对一起事业单位工伤赔偿案例的实证分析,重点研究了事业单位工伤赔偿中存在的理论与现实困境,即法律规则与法律理念冲突,精神损害赔偿请求权不明确;工伤赔偿请求权竞合时法律适用不明确;当事人依法解决争议的意识淡薄;工伤认定难,赔偿程序复杂。结合事业单位社会保险法律制度改革的前景,提出了统一工伤赔偿法律制度,明确受害人精神损害赔偿请求权,明确工伤赔偿请求权竞合的法律适用,提高当事人依法解决争议的意识,简化工伤申请认定条件和程序等五个方面的具体建议。
Through the empirical analysis of a case of industrial injury compensation in a public institution, this paper focuses on the theoretical and practical dilemmas existing in the industrial injury compensation of public institutions, namely, the conflict between legal rules and legal concepts and the indefinite right of compensation for mental damages; The application of law is not clear; the litigant has a weak sense of resolving disputes according to law; the work-related injury is found to be difficult and the compensation procedure is complicated. Combined with the prospect of social insurance legal system reform in institutions, a unified legal system of work-related injury compensation was put forward, the legal right of compensation for moral damage of victims was clarified, the applicable law of work-claim compensation right was clarified, the parties’ The conditions and procedures identified five aspects of the specific recommendations.