The Judicial Confirmation Of Work Element

In Administrative Law cases of Industrial Injury Confirmation,it isdifficult to decide Industrial Injury Confirmation. In judicial practice,problems mainly focus on the interpretation of the Industrial InjuryConfirmation clause of the Industrial Injury Insurance Regulations. Thisinterpretation is mainly embodied in the judicial confirmation about three“work” elements: work time, work place and work reason.To interpret the “work” elements in particular, the best way isresearching former classical cases and summarizing correspondingconclusion which can be applied to the judicial confirmation in the future.This thesis summarizes experience through the above research method.From the published classical cases, this thesis chooses28ones foranalysis. Through sample analysis,9cases involve "work time" and accountfor32%;7involve “work place”,25%;12involve “work reason”,43%. Through case analysis, this thesis notes that the judicial confirmation of“work time” mainly involves four situations:"on his way to and from work",“the period he should go out”,“doesn’t work on time”(includes going to orfrom work earlier or later) and “dine out in work time”. The judicialconfirmation of “work place” mainly involves three situations:“the wayamong work places”,“the restroom in work place” and “employees take partin the team building”. The judicial confirmation of “work reason” mainlyinvolves five situations:“go to restroom in work time”,“employer holdscollective activities such as travel, dining together and the team building”,“dine out”,“go out to deal with personal business in lunch break” and“engage in non-his-own work”.In Conclusion, through researching the original legislative purposesand opinions of the Industrial Injury Insurance Regulations, the author statesthat in Industrial Injury Confirmation cases, when certain principles areobeyed, the interpretation of related concepts of industrial injuryconfirmation should as more follow the way protecting employees aspossible.