论工伤认定中“途中工伤”条款之适用研究——以公民基本权保护主义为视角

Application Research on ‘Injury While Going to or Returning From Work’ Clause in Work-related Injury Identification——From Perspective of Civil Basic Right Protectionism

《工伤保险条例》规定,在上下班途中受到交通事故伤害的应该认定为工伤。但在具体工伤认定案件中,因为《条例》对"途中工伤"的含义没有做出具体解释,所以执法人员、劳动者和企业负责人容易产生争议。事实上,该问题的解决必须把握正确的方向,即应该以基本权保护主义为视角,以劳动者利益优先保护原则作为出发点。随着"以人为本"理念的深入,"最大限度地保障劳动者权益"将成为中国工伤保险制度的最终目标。

It is stipulated by the Regulation on Work-related Injury Insurance that, injuries in a motor vehicle accident while going to or returning from work should be identified as work-related injuries. However,in specific identification cases, there are disputes among law enforcement officers, labors, and persons in charge of the enterprises, because ＇injury while going to or returning from work＇ is not specified by theRegulation. In fact, a correct direction must be grasped to solve this problem, i.e., the perspective of basic right protectionism and the principle of labors＇ interest preferential protection being as the starting points. With thedeepening of the ＇people-oriented＇ concept, ＇maximum protection of labors＇ rights and interests＇ will become the ultimate goal of China＇ s work-related injury insurance system.