Research On "Drunk Exclusion Clause" In Work Injury Accreditation

Article 16 of the “Regulations on Industrial Injury Insurance” of China and Article 37(2)of the “Social Insurance Law of the People's Republic of China” clearly stipulates that an employee who causes personal injury due to drunkenness at work shall not be deemed as an industrial injury.This provision appears to be clear and specific,but it is not detailed enough.Many problems have arisen in judicial practice.Among them,there are three main problems,one is the problem of drunkenness standards and the rationality of the determination;the second is the determination of the causal relationship between drunkenness and casualties;the third is the issue of the inclusion of work-related injury by drunkenness.The existence of these problems is not conducive to the protection of the rights and interests of laborers,and these issues have not received sufficient attention and in-depth research by scholars.Therefore,it is of theoretical and practical significance to study the "drunk exclusion clauses" in the determination of work-related injuries.Based on these three issues in the judicial practice of the exclusion clause of drunkenness,this articleanalyzes the exclusion clause of drunkenness and explores the perfect path based on the protection of the laborer's position.This article is divided into three major parts: the introduction,the main text,and the conclusion.The content of each part is as follows:The introduction part mainly elaborates the background of the research,the status quo of the research,the significance and purpose of the research,and the innovation of this article.The limitations of the legal regulations lead to the unreasonable state of the exclusion clause of drunkenness in judicial practice is the main research background of this article.This article,through the realistic analysis of the “Drunk Exclusion Clauses” in the determination of work-related injury,points out the three main problems in the exclusion clause of drunkenness,and discusses the existing problems in theory and practice,so as to propose corresponding countermeasures for solving these problems.The body part is divided into five chapters.The first chapter is the introduction of relevant concepts and theoretical background.It mainly expounds the concept and content of the exclusion of work injury certification and the evolution and current status of the “Drunkness Exclusion Clause” of work injury identification,and seeks the proper meaning of drunk exclusion clause from the aspect of system development.The second chapter deals with the analysis and application of drunk exclusion clauses in the real state.It mainly analyzes the legislative intent analysis of the clause,the relationship with relevant clauses,and the constitutional elements of the clause in judicial practice,and concludes that there are currently three problems with the clause.The third chapter mainly discusses one of the problems of drunk exclusion clauses: the drunkard standards and the issue of identification.The analysis pointed out that there are certain limitations in the existing standards and determination of drunkenness.In the application of intoxication exclusion clauses,it is necessary to perfect and construct the drunkenness standards and drunkenness determinations,and put forward ways and means to improve the drunkenness standards from the system level and the practical level,and on this basis,it should be proposed that the drunkenness should be identified.According to the combination ofsubjective and objective perspectives,the path to the identification of drunkenness was refined from the perspective of having unfounded facts.The fourth chapter mainly discusses the second issue of intoxication exclusion clause: the issue of the causal relationship between drunkenness and casualties.In the field of work-related injury identification,China does not explicitly specify the application of causality,which is mainly based on the civil cause-effect relationship.In the general work-related injury determination,the identification of causality tends to weaken.Based on the purpose of protection of laborers and the particularity of causality in the exclusion clauses for drunkards,it proposes a normative limitation on causality between drunkenness and injury,in order to avoid confusion in judgment of causation in judicial practice.The fifth chapter mainly discusses the third problem of intoxication exclusion clause: whether the drunkenness should be included in the work injury problem.In the current work-related injury determination,the drunk exclusion rule completely eliminates drunken-work injuries.The author proposes to classify drunk-work injuries in work-related injury determinations and incorporate drunkenness into work injury identification.At the same time,a detailed analysis was made on how to judge the problem of drunkenness due to the public,and it is believed that the judgement of drunkenness should be based on a combination of subjective and objective factors.The conclusion part pointed out that the “drunk exclusion clause” in the determination of work-related injury constitutes a hindrance to the protection of the laborer's rights,and because the provisions on this clause are too simple,many problems arise in judicial practice.In the subsequent judicial practice,it is necessary to continuously supplement and improve the exclusion clauses for drunkenness so as to achieve the purpose of regulating the case of drunken work injury identification.