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On the way to work on work-related injuries defined

Author: LiGuoSheng
Tutor: YangFei
School: China University of Political Science
Course: Legal
Keywords: Injury Insurance System On the way to work accident Risk diversification Social Law
CLC: D922.55
Type: Master's thesis
Year: 2011
Downloads: 147
Quote: 3
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Abstract

Work-related injury insurance system is the most important inventions of the modern social progress, the regulator of labor relations. Injury insurance system developed to become consistent game of the vast majority of accidents in both parties issued. Commuting accidents is identified as the understanding of work-related injuries, but great differences. The mainstream view is that \July 23, 2009, however, the Legislative Affairs Office of the State Council, in consultation about modifying existing Injury Insurance Regulations \\Most opinion, delete this requirement is not conducive to the protection of the rights and interests of laborers. But I quite agree with the decision of the Government, there was a huge lack of that this requirement. By comparing the foreign-related legislative experience, as well as the provision generated practice problems, put forward their own proposed changes. The present article is divided into the following sections: Introduction: mainly through the necessity and importance of a \Part I: describes the work-related injury, the concept of commuting accidents, related injuries that theoretical standard doctrine. Clear concept and the direction of development of the work-related injury insurance system, defining the work-related injury insurance system under the concept of social law, and re-positioning a work-related injury insurance system from the concept of social law. In the category of social law, explained on his way to the accident identified as lack of work-related injuries. Part II: Introduction of the relevant provisions of the developed countries on the way to work accident. Countries through a comparative study on the theory and practice of commuting accidents identified operating requirements, trying to figure out the legislative requirements in line with China's actual situation. Part III: from the provision itself legislative purpose, the coordination of relevant laws and practical case data and combine some reasonable interpretation of the State Council, four aspects elaborated, pointed out that China's current law on commuting accidents identified as work-related injuries stakeholders employing The unit is very unfair, and further explained that there is a big problem with this requirement. Part IV: the combination of the three part demonstration ideas that solve commuting accident identified as work-related injuries. Recommendations from the point of view of social law to re-positioning a work-related injury insurance system, and to learn from China's Taiwan region on a specific work-related injuries identified mode mode abstraction related injuries that standard methods to solve the drawbacks of specific provisions on commuting accidents. Conclusion: China's current on his way to work identified for work-related injuries, provisions are too broad in scope, the results using the people bear the excessive burden, affect the normal development. So, to use the concept of social law, the formation of the government, enterprises, laborers tripartite balance of work-related injury insurance system, a reasonable belief on his way to the nature of work-related injuries of the accident, \

On the way to work on work-related injuries defined

Abstract

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