Industrial Injury Exemplary Rules Applicable In The Study

Designed in the system of our country’s existing industrial injury is a better safeguard for the legal rights and interests of laborers,mainly follow the "three standards",and specifies industrial injury,inspect and exclusion of Industrial injury,has strengthened the academic research on industrial injury standard,but the study of exemplary rules of industrial injury is not much.Although "byelaw of Industrial injury insurance clause 16 in China as well as the social insurance law of the People’s Republic of China article 37 drunk the exact expression of laborers in other circumstances,such as what happened damage cannot be maintain for Industrial injury,but there is no system to explain how to apply the rule.Many court cases in the trial of Industrial injury as a result of drunken situation such as process,tend to indiscriminately the drunken situation such as directly as a condition of no cognizance Industrial injury,cause a series of unfair cases.Therefore,we need to relevant departments to correctly understand and apply industrial injury of exemplary rules,especially the elimination rule for drunk for this case,because the drunk are controversial in real life.In order to apply the rule,this paper will with three drinking Industrial injury case as an example,on the basis of summarizing the dispute focus,detailed legal analysis,and then draws several enlightenment.The first part,the introduction of the case and the focus of controversy.This article selects the three relatively typical cases,respectively,describes the basic information of the case,the court for the judgment of the case results,and sums up the main controversial issues,namely the drunken people whether to maintain for Industrial injury accident,casualties can maintain for Industrial injury by hostesses,drunk death can maintain for Industrial injury during work.The second part,mainly for the proposed dispute focus problems are analyzed.First of all the rules of industrial injury and exemplary summarizes summarizes the related theory,based on the analysis of industrial injury on the basis of the constitutive requirements of has been clear about the "three industry standard"still is a major basis for industrial injury.Secondly analyze the exemplary rules of legislative idea,the author thinks that ruled out several situation mainly considers the laborer Industrial injury,subj ective fault happening Industrial injury to be ruled out,if the behavior of the laborer intentionally cause casualties,can be maintain for Industrial injury,so it is infinitely expand the scope of industrial injury,this goes against the concept of fairness.In addition,the field of Industrial injury insurance is not clearly using quite causation theory in the field of civil,but from the concrete can be found in the case,when the dispute happening Industrial injury,is often used in the judicial practice the theory that a causal relationship.General industrial injury in such the gain of workers’ rights,and that is understandable,but in the exemplary rule using the theory to cognizance Industrial injury,and tilt the principle of protecting laborers in labor law violation,because of exemplary rules apply is impairment of workers’rights,so the author thinks that,in practice should not be directly to the several conditions in an exemplary rules as a basis for determining Industrial injury,but should adopt necessary causality theory of causality between reason and result of injuries.Only when the result of injuries and exclusion rules of several cases there is a direct causal relationship,the excluded industrial injury also accord with the purpose of the lawmakers.Finally the author thinks that,apply the exemplary rules,should not be job category shall not be considered,should be concrete analysis casualties as a result of the subjective deliberately cause laborer or units in order to lead to collective interests,to better achieve fairness and justice of law.The third part,a case study of conclusion and revelation.Through legal part of the study in this paper,the conclusion of this paper,three cases:(1)after drunk not the primary responsibility for commuters should maintain for Industrial injury.On the basis of a causal relationship between theoretical analysis,the drunk is the condition of injuries were not the direct cause,without considering the exists inevitable cause-and-effect relationship between behavior and result,direct deny Industrial injury,so that will not be able to truly protect the lawful rights and interests of workers;2.For the cognizance of hostess cause casualties,conclusion for this paper case,hostess caused casualties not constitutes a deterrent for cognizance Industrial injury,if it is because of work reasons,so should maintain for Industrial injury,in the process of determining need to consider whether or not the laborer because of work reasons and normal work duties,and drinking cause casualties.3.Work during a drunken cause casualties should be maintain for Industrial injury.Because the fault is not the same as cause and effect,although the laborer at fault,but the fault is not really the cause of its casualties,as if not considering the laborer drunk with casualties,the causal relationship between obviously is conflict with the purpose of the exemplary rules.Finally,based on the three cases of research conclusion,put forward clearly drunk standards,will be drunk on business into the Industrial injury,explicitly exclude rule in the causal relationship between the three aspects of the proposal.Hope this research can be correctly understand and apply the exemplary rules provide certain reference.