Introspection And Perfection Of Occupational Injury Rules In Commuting Time

Commuting accidents has been into the employment injury insurance system,which,to a large extent,makes up for workers who encounter a variety of traffic accidents in commuting time and can not obtain compensation by private law relief.This has greatly improved workers' ability of resisting the risk of traffic accidents,demonstrated the increasingly perfect social security system in China,and have a good social consequence.But there are two main problems in the application of occupational injury rules in commuting time: The one is how to grasp the two key concepts of "reasonable time" and "reasonable route" in order to for the reasonable identification;The other is how to coordinate the dual compensation system between occupational injury and torts when the third party infringes.It is closely related to the benefit of hundreds of millions of workers involved in the work-related injury rules and the improvement of rules and compensation rules to balance labor relations and promote social justice and justice.This article insists that blindly hope that by lawmakers practices legislation to solve the problem is not an option,but to explore under the current legislation system behind the set value pursuit,to balance labor relations as a foothold and starting point,is feasible to solve the problem of their commute decided that rules apply.In combination with the characteristics of their commute industrial injury,to regulate the recognition rules on their commute industrial injury,should be to "reasonable time","reasonable route" behind the design concept as the breakthrough point,on the one hand,firmly grasp the correlation between work behavior and work,on the one hand,regulate the arbitrariness of laborers in their commute behavior.As a starting point and a foothold,it is a feasible way to improve the determination of work-related injury in our country.One of the obvious differences between work-related injuries and traditionalwork-related accidents is that there is a third party infringement.From infringement,therefore,laborer can request according to "byelaw of industrial injury insurance of industrial injury insurance treatment of pay of industrial injury insurance,the main responsibility and can request according to the tort liability act infringing the third person due to its malpractice claims for compensation for personal injury.In this case,the legal problems of compensation for work-related injury insurance and compensation for personal injury are favorable.Under the existing legislation system in our country,in addition to the specified medical it too,for other project for compensation legislation level without further provisions of the state,the local legislation is multifarious,caused a large number of "connection with different compensate" phenomenon.On the basis of Chinese existing conditions,give full consideration to the very nature of the work industrial injury and unit of choose and employ persons,the reality of social insurance fund pressure,after a comprehensive world within the existing four compensation mode of spiritual kernel and processing technology,put forward a suitable for their commute industrial injury compensation mode of comprehensive benefits,i.e.for property damage,laborer is a trade-off between the infringement,the actual the infringer in accordance with the tort law on the compensation standard of compensation,the compensation standard is high not low principles should be taken,if appear difference,insurance fund or unit of choose and employ persons is still dealing with the laborers to complement,fund of industrial injury insurance has paid in advance or unit of choose and employ persons property compensation project,can recover from the actual infringer;For the property loss,considering the existing legislation system of China for the property loss protection level is limited,the tort laborer may request a double compensation,the infringer,after the compensation fund of industrial injury insurance and unit of choose and employ persons,no right of recourse against each other.