我国通勤事故保障制度的完善

On the Improvement of Employment Injury Insurance System on Commuting Accident in China

普通法系国家大多不通过员工赔偿制度保障通勤事故,大陆法系国家虽通过工伤保险保障通勤事故,但认为通勤事故与传统工伤事故不同,故在制度设计上,包括通勤事故缴费制度、待遇制度、基金运作等方面有别于传统工伤事故。我国工伤保险制度与大陆法系国家一脉相承,然通勤事故却严格按照传统工伤事故处理,实不符合制度原理,因此应对通勤事故工伤保险的具体制度进行完善。

It is less seen to protect employees from risks according to Workers＇ Compensation Act in common-law countries while employees are going to or coming from work. In civil-law countries, risks of commuting accidents are viewed as different from traditionally occupational risks, and the whole system is divided into two types in the coverage, insurance, benefits and so on. Although the employees got injured on the way to work or back home, they could still be protected by the law. German law has provided the prototype of employment injury insurance system. China has her own opinions on how to deal with the commuting accidents which is totally different from Germany. Improving measures should be taken to make it better and more reasonable in China's Mainland.