Research On Law Of Industrial Injury During The Commute Between Home And Workplace Under The Social Law Point Of View

The paper examine the law of industrial injury during the commutebetween home and workplace under the social law point of view, attemptto answer the question that how should the law regulate the issue ofindustrial injury during the commute between home and workplace. To havea better perspective, the first chapter of this paper will summarize andexamine the evolvement course of the regulation of industrial injuryduring the commute between home and workplace in the administrative anddepartmental regulations of P.R.China, from the1996<Trial Measures onIndustrial Injury Insurance for enterprise employees> to the2010new<Regulations on Industrial Injury Insurance>, as well as the practicalconsideration and academic controversy behind this evolvement course.Then, this paper will talk about those most controversial issues likewhether the industrial injury during the commute between home andworkplace is work-related, whether the faultless of labor should berequired in the recognition of work-related injury, how to deal with theoverlap between the industrial injury benefit and the beneficiarys from the compulsory insurance for traffic accident of motor-drivenvehicle inthe same case of industrial injury during the commute between home andworkplace. This paper will summarize and examine the different theory onthese topics from different scholar, and give the author’s own opinionon these topics. After that, the second chapter will re-examine the lawof industrial injury during the commute between home and workplace underthe social law point of view, in stead of the public law point of view,and demonstrate the social law nature of it. After that, this paper willattempt to build the system of the law of industrial injury during thecommute between home and workplace, which has three different level ofstandards law, collective agreement and contract of labour,echo with theclassic three level regulating model. The forth chapter will talk aboutthe settlement of the overlap between the industrial injury benefit andthe beneficiarys from the compulsory insurance for traffic accident ofmotor-drivenvehicle in the same case of industrial injury during thecommute between home and workplace. The third chapter will focus on thetopics of the choice of different ways to settle the overlap, which partybear the main responsibility and the restriction of the victim’sbeneficiarys. At last, the forth chapter will give advises to the futureimprovement of the law of industrial injury during the commute betweenhome and workplace, based on the conclusion of this paper. In this way,the author can make contributions for the legal protection of labors’rights and the building of harmony labor relations.