The Study On The Judicial Review Patterns Of Motor Vehicle In Work-related Injury Cases

The Determination of the work-related injury cases, more and more caseare focusing on the problem a employees injured by motor vehicle whethercan ascertain to have suffered from work-related injury. Although theRegulation on Work-Related Injury Insurance (2010Revision) article14(six)does not appear motor vehicle such a legal concept, but at the same timeappear urban rail transit, passenger ferry or train accident such legalconcept. We investigated the judicial way of motor vehicle has the realisticsignificance.Looking through the cases, to the GaoRongMei v. Nanjing labor andSocial Security Bureau Case as a typical, the court applied the modalityreview. Mainly from the review of the object external form (origin) to judgewhether the controversial object belongs to the legal standard of the legalconcept. On the legal interpretation methods, the court uses systeminterpretation and historical interpretation to apply the modality review.With the development of the society, the emergence of the social risk makes work-related injury cases show different types. Looking through the cases, tothe ChenWeiQun v. Qidong labor and Social Security Bureau Case as atypical, the court applied the substantive review. The court reviews theobjects not from the external form but focus on trial object’s properties andfunction. It can be embodied in two aspects. Firstly is reviewing the attributeof disputed object. From the attribute to determine whether belongs to somelegal concept in the laws and regulations. Secondly is reviewing the functionof disputed object. From the function to determine whether belongs to somelegal concept in the laws and regulations. On the legal interpretation methods,the court uses Semantic interpretation and legal interpretation to apply thesubstantive review.In consideration of the standards, we can apply the modality reviewand the substantive review to some work-related injury cases. We canascertain some disputed object whether belong to urban rail transit,passenger ferry or train accidents. To certain extent, the paper proved thatreview patterns of legal precedents prior to the new law implementation arealso important significance.