“一带一路”建设中跨国工伤保险问题的国际私法解决方法

The Private International Law Solutions to Transnational Work Insurance on the Construction of “the Belt and Road”

"一带一路"倡议开创了国家间劳动力自由迁徙和国际劳务合作的新篇章,同时也对国家间移徙劳工工伤保险的法律保障提出了新要求。与日俱增的跨国工伤保险问题与亟待解决的跨国工伤保险法律冲突强烈呼唤国际私法的解决方案。国际私法分割法、商人法和万民法仍是破解"一带一路"建设中跨国工伤保险难题的基本方法。分割法方法要求跨国工伤保险问题应就其不同类型分别确定连结点,援引不同准据法;商人法方法要求创新现存工伤保险国际秩序,创建"一带一路"工伤保险新型国际秩序;万民法方法要求以罗马万民法治理智慧为镜鉴,创建跨国工伤保险丝路万民法。

"The Belt and Road"has created a new chapter in the free migration of labor between countries and international labor cooperation.It has also made new requirements to legal protection for work injury insurance of transnational labor.The growing problem of cross-border work injury insurance and the urgent transnational conflict of laws call for solutions from private international law.The division method of the private international law,commercial law method and general law method are the basic solutions to problem of transnational work insurance on the Construction of "the Belt and Road".The division method requires "the Belt and Road"transnational work injury insurance to determine its connection points for different types of problems,and cite its applicable law.The commercial law method requires the innovation of the existing international order for work injury insurance and the establishment of a new international order for "the Belt and Road"international work injury insurance;The general law method calls for learning from the wisdom of ancient Rome which created the governance of the general law,and launching the general law of the transnational work injury insurance.