| In recent years,new forms of employment have emerged,the system for protecting workers’ rights and interests has been increasingly improved,and the requirements for the ability of those who apply the law to keep pace with the times and make flexible discretions have become more and more stringent.The places where workers are protected are no longer limited to the workplace,but gradually extend to reasonable time and space such as commuting.Through the sorting out of the current system rules,combined with difficult and complex cases in practice,and through comparative analysis and induction,etc.,it is helpful to clarify the relevant constitutional rights of workers,so as to provide theoretical guidance for practical trials in the determination of work-related injuries.Through the introduction of typical cases,the current disputes in the practice on the definition of behavior on commuting are discussed,and based on the dispute,in addition to the main identifying factors such as "reasonable time" and "reasonable space",the judgment of "reasonable purpose" and "reasonable appearance" is added,and the behavior during commuting is comprehensively determined by combining subjectivity and objectivity.At the same time,it is clarified that from the perspective of "purposefulness",the "professional conduct" of employees should be appropriately extended to the commuting period,unilateral accidents and new situations and problems arising under new business formats should be included in the scope of workrelated injury determination,the scope of work-related injury insurance applicable after such acts occur should be clarified and appropriately expanded,and on this basis,the concurrent application of work-related injury insurance compensation and tort liability compensation should be clarified.This article aims to clarify the disputes over the application of law,which can more comprehensively protect the legitimate rights and interests of workers.At the same time,this is also in line with the clarity and predictability of the law,pointing out the direction for people’s behavior,and also providing a clear legal basis for practical judgments. |