浅谈运用工伤保险基本原则指导工伤认定工作

Discussion Briefl y on Using the Basic Principle of Industrial Injury Insurance to Identify Injury

社会保险已突破了侵权责任的调整范围,着眼于在更广的范围内补偿受害人的损害,不考虑损害的原因和侵权责任。职工虽然在工作中伤亡,但其伤亡与工作不具有因果关系,其行为具有主观故意性和社会危害性,应由职工本人承担相应的法律后果,不属于工伤保险范围。

Social insurance has expanded its security scope, which emphasizes the expansion of reimbursement but ignore the cause and responsibilities. The employee might be injured or dead on duty. If it is not caused by job itself but is intentionally conducted with social damage, the employee should take the law responsibility, and should not be included in the protection of industrial injury insurance.