Research On Legal Issues Of Work Accident Identification In Traffic Accidents On The Way To And From Work

With the growth of urban road vehicles,the road risk is increasing,the staff in the way of work by the risk of accidental injury has also increased,the court accepted the staff on the way to work accidents in the proportion of cases increased year by year,and our adaptation Of the law is increasingly unable to adapt to this road traffic safety work injury protection needs.First,the existing laws in 2011,the State Council amended the"Industrial Injury Insurance Ordinance," Article VI of Article VI provides that the 2014 Supreme People 's Court issued the "Supreme People' s Court on the trial of industrial injury insurance administrative cases a number of issues" The legal provisions seriously lagged behind the needs of judicial practice and the protection of workers' rights and interests,this lag is reflected in the way to work on the way than the previous Although there are more specific provisions,but not reasonable time and reasonable way to make specific provisions,In judicial practice,it is difficult to correctly grasp the rational connotation,leading to judicial practice for confusion;by the accident accident type is also limited to traffic accidents,workers injured by other accidents can not get work injury relief,and the mainstream view of the international community Does not match;Second,the existing legal provisions,such as the definition of "on the way to get off work," on the way to work is the working hours,a reasonable extension of the work area,on "reasonable" not a unified,exact standards,judicial practice at all levels of court decisions The problem of poses a challenge,there is the issue of judicial non-uniform;Three is the main body of their commute traffic accident damage in our country on the issue of the civil service main body,to the scope of "byelaw of inductrial injury insurance is no clear provisions,only provisions in article sixty-five:"the civil servants and reference to the management of civil servant law institution,society of the staff,because of work suffers accident harm or occupational disease,by the place the unit pays fee.The specific measures by the social insurance administrative department under the state council in conjunction with the financial department of the state council regulations." In order to solve the problems existing in China's current system and analyze the causes of the problems,this paper puts forward some suggestions and suggestions,hoping to provide some help for our country to improve the system of work-related accidents.