Provisions of the Supreme People's Court on Several Issues concerning Trial of Administrative Cases Relating to Work-related Injury Insurance
Provisions of the Supreme People's Court on Several Issues concerning Trial of Administrative Cases Relating to Work-related Injury Insurance
Provisions of the Supreme People's Court on Several Issues concerning Trial of Administrative Cases Relating to Work-related Injury Insurance
Fa Shi [2014] No.9
June 18, 2014
(Adopted at the 1613th meeting of the Judicial Committee of the Supreme People's Court on April 21, 2014)
The Provisions of the Supreme People's Court on Several Issues concerning Trial of Administrative Cases Relating to Work-related Injury Insurance, adopted at the 1613th meeting of the Judicial Committee of the Supreme People's Court on April 21, 2014, are hereby promulgated and shall take effect as of September 1, 2014.
In order to properly hear the administrative cases of work-related injury insurance, the Provisions of the Supreme People's Court on Several Issues concerning Trial of Administrative Cases Relating to Work-related Injury Insurance (hereinafter referred to as the "Provisions") are formulated in accordance with the Social Insurance Law of the People's Republic of China, the Labor Law of the People's Republic of China, the Law of the People's Republic of China on Administrative Proceedings, the Regulations on Work-related Injury Insurance and the provisions of other relevant laws and administrative regulations and in combination with the practice of administrative trials.
Article 1 When a people's court hears an administrative case on recognition of work-related injury to identify whether an circumstance containing facts such as "main liability incurred by the employee" specified in Item 6 of Article 14 of Regulations on Work-related Injury Insurance, "drunkenness or drug-taking" specified in Item 2 of Article 16 thereof, and "self-harm or suicide" specified in Item 3 of Article 16 thereof, it shall take the legal documents as the basis, which include accident responsibility identification and conclusive results issued by institutions with competent power and the effective judgment made by the people's court; provided, however, that there is sufficient evidence to the contrary to repudiate the accident responsibility identification and conclusive results.
Where there are no above-mentioned legal documents or the contents therein are unclear, if the administrative department of social insurance has made identification on the facts specified in the preceding paragraph, the people's court shall carry out reviews and investigations in accordance with the law by using the relevant evidence that has been provided.
The identification of "intentional crime" as specified in Item 1 of Article 16 of the Regulations on Work-related Injury Insurance shall be based on effective legal documents or conclusive results issued by criminal investigation organs, procuratorial organs and adjudication organs.
Article 2 After the people's court accepts an administrative case on recognition of work-related injury and finds that the plaintiff or the third party has applied for labor arbitration or instituted a civil action in respect of the existence of labor relationship before instituting the administrative action, it shall discontinue the trail of such administrative case.
Article 3 Where the administrative department of social insurance recognizes any entity described below to be liable for the work-related injury insurance, the people's court shall support such recognition:
1.
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