Study On The Determination Of "Work Reason" In The Disputes Of Work-Related Injuries

The most intuitive understanding of industrial injury is "injury due to work".The occurrence of this kind of injury is closely related to work,it comes from work and occurs in the process of work.But not all injuries at work can be identified as work-related injuries.Part of the injuries occurred in the process of work,because they do not have the elements of work injury identification,can only be identified as general tort or accident,and are not included in the scope of work injury insurance.The identification of work-related injury is the necessary process for workers to knock on the door of work-related injury insurance and get the benefits of work-related injury insurance.It is the throat of the whole work-related injury insurance system.At the same time,based on the characteristics of "work-related injuries",the consideration of "work-related reasons" has become the core element in the identification of work-related injuries.Work cause is composed of "purpose factor" and "cause and effect factor".The consideration of purpose relationship and cause and effect relationship is of great significance in the identification of industrial injury.First of all,different countries of civil law system and common law system have done different degrees of theoretical research on the relationship of purpose,which is reflected in the judgment of individual cases.Secondly,the causality of industrial injury in the field of social law,though traced back to the causality theory of tort law in the field of private law,has gradually jumped out of the framework of tort theory of civil law and formed its own unique causality theory of industrial injury.In the civil law system,Germany created the "important condition" theory,while the Japanese law absorbed the German important condition theory under the framework of the original equivalent causality theory,thus improving the equivalent causality;in the common law system,the evolution of the American risk theory is quite representative.However,from the perspective of China,the theoretical research on causality is very limited,lacking a complete and comprehensive theoretical system of industrial injury causality.At the same time,China’s work-related injury legislation adopts a comprehensive legislative model.This legislative model has its own limitations in the face of complex and changeable external environment.It only indicates the work-related injury situation in the form of examples,and the administrative and judicial interpretations do not further explain the "work cause",which leads to confusion and co-operation in the application of "work cause" in practice The phenomenon of different judgments,leniency and strictness is serious,which not only damages the legitimate rights and interests of the parties,but also seriously weakens the credibility of the judiciary.Starting from the concept of temper justice with mercy,the identification of "work cause" should not only follow the era trend of loose and gentle identification of "cause";in the case of "semi insurance" of industrial injury in China,we should also stick to the inherent position of "work-related injury",and should not include the cases not belonging to industrial injury into the scope of industrial injury protection.Secondly,by combing the development and evolution of the theory of purpose relationship and causality in the civil law system and the common law system,this paper explores the theory of industrial injury suitable for China’s local situation.Among them,the purpose relationship can be used as the auxiliary judgment standard for the identification of industrial injury.When the cause of the accident is complex,the complexity of the cause can be balanced from the perspective of the purpose relationship.At the same time,with the help of Germany’s "important condition theory" and Japan’s "relatively powerful cause theory",the causes of injury can be divided into working reason and personal reason groups: direct working reason and pure working reason There are four different situations: personal reasons,work reasons and unclear personal reasons,and mixed work reasons and personal reasons.Finally,in the face of the third situation and the fourth situation,which are more controversial in practice,we can follow such an idea: we can infer the injury from the work or the cause of the injury by the known and unknown results,and combine the interests of employees and purpose factors in the specific identification;at the same time,if there are enough strong working hours and workplace As a supplement,it can be simplified as "if there is no,then no" identification mode,as long as there is no evidence to the contrary to prove that the injury is caused by the workers or there is personal resentment with others.The latter does not require that work cause is the only cause of injury,nor does it require that work cause is more important than personal cause,but only that work is one of the causes of injury,that is,work makes the occurrence of injury exceed the probability of workers in the natural state or aggravate the damage result of workers in the natural state Injury on-the-Job.