Study On The Identification Of Work Injury On The Way To Work

With the establishment and continuous improvement of China’s work injury insurance system,the recognition of work injuries on the way to and from work occupies a very important position in the work injury insurance system,which is the basis for the good operation of the work injury insurance system and the key to whether workers can get relief for accidents on the way to and from work.Accidents on the way to and from work have undergone a process of improvement from not recognized to conditional inclusion in the legal provisions,and the work injury recognition system on the way to and from work has been promoted by the efforts of many scholars,which has continuously improved China’s work injury insurance legislation.With the continuous emergence of a large number of cases in China’s judicial practice,there are still shortcomings in the legal provisions on whether an employee can be judged as a work injury when an accident occurs on the way to and from work,and some cases have great controversy,which needs to be studied in more depth.This paper mainly combines the sixth item of Article 14 of the current Regulations on Work-related Injury Insurance and Article 6 of the Provisions of the Supreme People’s Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance,and discusses the issue of determining work-related injuries during commuting to and from work.First of all,starting from the basic theory of work injury recognition on the way to work,the definition of work injury on the way to work is analyzed,and while discussing the scientific nature of legislative provisions,it comprehensively summarizes the different research views of domestic and foreign researchers in this field,and further clarifies the significance of work injury recognition on the way to work.Secondly,using the research method of comparative research method,we analyze the legal provisions of foreign entities such as Japan,France,the United States,and Germany on the recognition of work injuries on the way to and from work.Compared with China’s work injury recognition system on the way to and from work,foreign countries have a wider scope of identification of accidents on the way to and from work,the standard is clear and does not take responsibility as a constituent element,and in general,they are more inclined to protect the legitimate rights and interests of workers on the way to and from work,achieve a good social effect of fairness and justice,and fully pave the way for the following perfect suggestions for the problems existing in the identification of work injuries in China on the way to and from work.Third,in view of the current situation and existing problems in the identification of work injuries in China during commuting to and from work,we explore the defects and deficiencies in the current laws and regulations of our country,focusing on the analysis of the scope of the accident,the criteria for determining "reasonable time" and "reasonable route",and the key elements of "not the main responsibility of the person".Finally,the above problems are put forward one by one to improve the suggestions,this part is the key to the whole text,only on the basis of the limited premise to appropriately expand the scope of accidents identified by work injuries on the way to and from work,clarify the criteria for the recognition of work injuries on the way to and from work,and reasonably explain the "main responsibility of the person",in order to better solve the outstanding problems in the judicial practice of work injury determination on the way to and from work.With the rapid development of China’s economy,the continuous efforts of Chinese scholars,and the continuous development and improvement of the work-related injury insurance system,these problems will eventually be better solved,so that the legitimate rights and interests of workers can be more comprehensively protected,and the good social effect of promoting social development,harmony and stability can be achieved.