| Along with our country socialist market economy booming,rapid development in various industries of inductrial injury of labor disputes rising year by year at the same time,industrial injury is the key to treatment of inductrial injury disputes,for legitimate explanation of the concepts is very necessary,therefore,various administrative interpretation,judicial interpretation and the guidance of the supreme people’s court case to some of the "byelaw of inductrial injury insurance" easily in practice using inaccurate unreasonable provisions in the detailed concept analysis and combined with case by case interpretations.Based on the guidance of the 9th batch of administrative litigation cases of the supreme people’s court in 2014,this paper conducts a specific study on the guiding significance of such cases of administrative disputes on the determination of work-related injury.Guidance of this case is proactive,covering the four difficult points in the industrial injury: "labor relationship" and "work fault","workplace","because of work reasons," the paper around four difficult points corresponding to the case of four dispute focus,in-depth analysis of the focus of the problem in this case,clearly defined process of legal basis,play guiding cases should be of guiding significance,protect the lawful rights and interests of workers in a timely manner.Chapter one: mainly introduces the basic situation of the case,the result of the judgment and the focus of the dispute of the case,and reviews the case as a whole.Chapter two: the basic concept meaning of the labor legal relation involved in the case is extended to study the discrimination between labor relation,labor relation and factual labor relation.Chapter three: mainly on the basic issues of workplace identification and the scope of coverage,with the combination of theory and case analysis to prove that the place of sun lixing’s fall belongs to the workplace.The fourth chapter: because of the work of the reason to identify,explain the basic connotation of causation of industrial injury theory,as well as the application of the theory of quite causation in judicial practice,analyze because of the work of the workers injured during the period how to determine the legal principle of industrial injury,and guide the case analysis of the plaintiff’s fall and work task of causation.Chapter five: mainly on the inclusion of work errors in the industrial injury dispute legal analysis,from the basic case extended to the "industrial injury insurance regulations" specific content of the industrial injury exclusion rules unreasonable place for reflection. |
