| In our country,there are many difficult problems in the identification of industrial injury on the way to and from work.As the legal provisions of Work-related Injury in Commuting in our country has gone through the stages of exclusion,Strict identification and expansion,so far has not made a unified and clear identification standards,resulting in different understandings and interpretations of the meaning of Work-related Injury in Commuting in judicial practice all over the country,and there are different judgments on similar cases.The thesis focuses on the evolution process and current regulations of the identification rules of industrial injury on the way to and from work in China,and carries out an empirical investigation combined with 1842 representative cases in2019.First of all,proceed from the actual situation of whether or not on the way to work and how to determine the responsibility of traffic accidents two types of disputes to sort out the specific judicial cases.secondly,through the subdivision and integration of in the various common types of workers’ injuries on the way to work,analysis and discuss on three elements of on the way to work,not being the main responsibility of oneself and the traffic accident in the legal provisions,and summed up the current industrial injury identification standards.Finally,through the cases and the current identification standard,it is concluded that the rules of work-related injury on the way to and from work in our country still have some problems,such as unclear determination of on the way to and from work,narrow definition of the scope of the accident and defects in the determination procedure of not being the main responsibility of oneself.At the same time,in comparison with the identification system of commuting injury insurance in western developed countries,it is worth learning for the social security system should combine its own national conditions,formulate clear identification standards and increase government financial investment to set up a sound and complete system.Specific to the industrial injury identification in our country,we should improve it for unifying the commuting injury identification standards,expanding the types of commuting accidents and the scope of the crowd of the identification,and making a clear explanation of the rules in not being the main responsibility of oneself,so that the judgments of injury determination on the way from and to work more standardized,and the workers’ rights are more fully protected. |
