The State Council "" industrial injury insurance regulations stipulated in article fourteenth, on their way to work by motor vehicle accidents, should be identified as work-related injuries. But for a motor vehicle driving license on the way to work by motor vehicle accidents, whether it should be identified as work-related injuries, controversial in practice.
In Europe a driving license for two wheel motorcycle traffic accident on the way to work in the case of Europe, is a company employee, 2008 Ou Mou no driver's license driving without license two motorcycles to the company to work on the way traffic accidents, causing Ou Mou to die on the spot of the equal responsibility for consequences, the traffic police department as a European driving without license to drive a motor vehicle and in violation of the provisions of route through traffic and negative accident. After the accident, a European relatives to the labour administrative department of the local identify Ou Mou death belongs to the industrial application, the local labor administrative departments under the State Council "industrial injury insurance regulations" the provisions of article fourteenth, finds Ou Mou death belong to inductrial injury. In my opinion, the labor administrative department finds Ou Mou death belong to inductrial injury is wrong, the specific reason is:
First of all, the State Council "" industrial injury insurance regulations of article fourteenth (six) the provisions of item compared with the relevant provisions of the state, cancel the past provisions relating to liability factors, showed that the legislative intent is to protect the legitimate rights and interests of workers, to relax the ascertainment of a work-related injury conditions. The problem is, the "Regulations" article sixteenth also provides for acts violating the administration of public security shall be identified as work-related injuries, or inspect with inductrial injury. As we know, 11 kinds of acts violating the administration of public security traffic management belongs to the "circumstances in violation of provisions of the regulations on administrative penalties for public security". But 2004 year in October the Ministry of public security vice minister Tian Qiyu as "a 'Public Security Management Punishment Law in the tenth session of the Twelfth Meeting of the NPC Standing Committee' (Draft) pointed out that" in the relationship, "road traffic safety law" and "Public Security Management Punishment Law" is the relation of special law and common law, show "road traffic safety law" and "Public Security Management Punishment Law" belong to the category of public security management method. Therefore, the "Regulations" industrial injury insurance regulations fourteenth (six) and the provisions of article sixteenth no cohesion from logically, present legislation situation, we must clarify for acts violating the administration of public security shall not be recognized as work-related injuries and casualties range.
In this regard, the Shanghai high court in June "on the trial of 2004 in issues related to administrative cases opinions" provisions of article third of work-related injuries: starting from the "industrial injury insurance regulations" legislative intent, should be used as a general clause in article fourteenth, namely, in principle does not consider the responsibility of traffic accident of motor vehicle factors in, only in the unlicensed driving motor vehicles or motor vehicle, driving without a license, drunk driving a motor vehicle or individual situation seriously violate the traffic regulations, "Regulations" to apply article sixteenth (a) about the acts violating the administration of public security items (including the violation of the traffic management act) will not be identified as work-related injuries. The Shanghai high court in 2007 November "on the trial involving motor vehicle driving license, three cases of inductrial injury problems related to administrative cases opinions" provisions in again due to their own subjective reasons motor vehicle driving license is not belong to inductrial injury. Beijing City Labor and Social Security Bureau in 2008 April promulgated the "several problems about industrial injury insurance work opinions" article (a) paragraph also provides that: workers on their way to work by motor vehicle accidents, the harm caused by automobile belongs to the "road traffic safety law" stipulates the scope, should be based on the "Regulations" article fourteenth (six) the provisions of item identified as work-related injuries, but does not include workers because of drunk driving, driving without a license and driving a vehicle without a license deadly situation. Apparently, according to the "Regulations" industrial injury insurance fourteenth (six) provision and article sixteenth provisions of the existing legislation and conflict situations, the opinions on the way to work the car without a driver's license to drive a motor vehicle deaths do not belong to inductrial injury view reflects the law of continuity between logic, comply with the "Regulations" legislative purpose and the regulations of the law.
Secondly, China's "Regulations on administrative penalties for public security" twenty-seventh stipulates that no driver's license to drive a motor vehicle in violation of traffic management in 11 cases, until 2005 August China promulgated the new "Public Security Management Punishment Law", and announced the "Regulations on administrative penalties for public security". And the State Council "industrial injury insurance regulations" was in 2003 April promulgated the "regulations," article sixteenth stipulated " acts violating the administration of public security in violation of regulations" clearly refers to the "Regulations on administrative penalties for public security". The Zhejiang provincial labor and social security department in 2005 March in the "about driving without a license vehicle traffic accidents is work-related issues concerning" is that the motor vehicle driving license in violation of the provisions of "Regulations on administrative penalties for public security" twenty-seventh and cannot be identified as work-related injuries. So, in the "Public Security Management Punishment Law" promulgated before, no driver's license to drive a motor vehicle and other serious violations of traffic management belongs to the "Regulations" in violation of the industrial injury insurance refers to the acts violating the administration of public security situation, should not be identified as work-related injuries is be beyond all doubt.
However, in 2005 August promulgated the "Public Security Management Punishment Law" sixty-fourth article only provides "steal open vehicle" a violation of traffic management. Does this mean that no driver's license to drive a motor vehicle in case no longer belong to the acts violating the administration of public security, and on their way to work by motor vehicle accidents of this kind of situation should be identified as work-related injuries.? To this, the Ministry of public security vice minister Tian Qiyu in the "Public Security Management Punishment Law 'about' (Draft)" clearly pointed out that, the road traffic safety law on illegal behavior and corresponding punishment system has been specified, "Public Security Management Punishment Law" is no longer repeat provisions. As we know, the description in law belongs to the nature of legislative interpretation, is the most authoritative interpretation of "Public Security Management Punishment Law". This shows that, in case of motor vehicle driving license is still in violation of public security management act, because the "road traffic safety law" which has been clearly defined, but in the "Public Security Management Punishment Law" will no longer be repeat provisions, belongs to the legislative technical considerations. In addition, the "Regulations" industrial injury insurance interpretation about the violation of public security management category, should be analyzed from the historical angle, explained, "the public security management punishment law", issued just change the legislative form, in violation of public security administration in the legal category does not change. Therefore, the "Public Security Management Punishment Law" does not require a license to drive motor vehicles and other circumstances, this kind of situation is presumed to no longer belong to violate the administration of Public Security Act, which claims on their way to work in motor vehicle driving license hurt cases belong to inductrial injury is wrong.
Once again, from the establishment of industrial injury insurance system of industrial injury insurance purposes, mainly because of work reasons, in the workplace and working time hurt provide security on the way to work, although can be regarded as the extension of working hours and work place, but do not be equal to is the workplace and working time. But in 2003 the State Council "industrial injury insurance regulations" enacted, the "motor vehicle traffic accident liability compulsory insurance Ordinance" has not yet been introduced, workers on their way to work by motor vehicle accidents, it is difficult to be guaranteed in other ways, the Ordinance so the continuation of the past, will be on the way to work by motor vehicle accidents cases included in the scope of industrial injury. In 2009 July, the State Council Legislative Affairs Office in the "decision of the State Council on Revising the" industrial injury insurance regulations "(Draft)" was deleted on their way to work by motor vehicle accidents identified as work-related injuries. Moreover, as the modern transportation vehicle, its speed is easy to cause harm to the society, so the state of motor vehicles on the road have strict management regulations, driving without a license, is a serious violate the law, regulations and harmful to the public safety act, must punish severely. From abroad situation, many countries will not have workers on their way to work by motor vehicle accidents cases included in the scope of the industrial injury, although some countries will be incorporated into the, also has made the strict limit. Therefore, the way to work by motor vehicle accidents motor vehicle driving license can not be identified as work-related injuries, as drunken deaths cannot be identified as work-related injuries, to control the unlicensed driving behavior, reduce the occurrence of accidents, is in accordance with the "Regulations" legislative purpose of industrial injury insurance.
We must pay attention to the "industrial injury insurance regulations," the provisions of article sixteenth "for acts violating the administration of public security can not be identified as work-related injuries". Means in violation of public security administration and casualties must have a causal relationship, don't maintain for inductrial injury; if the acts violating the administration of public security and casualties no causal relationship, it should be identified as work-related injuries. In this regard, the Jiangsu provincial labor and social security department in 2005 March in the "on the implementation of" work injury insurance regulations > issues opinions "article eighteenth also provides that:" the "Regulations" provisions of the sixteenth 'acts violating the administration of public security,' should be the relevant legal documents of public security organs that employees for violation of public security management, and the behavior and the damage has a causal relationship." Therefore, on their way to work in motor vehicle driving license by motor vehicle accidents, if the perpetrator motor vehicle driving license and accident no causal relationship, the situation is still should be identified as work-related injuries. The Traffic Police Department identified Ou Mou no driver's license to drive a motor vehicle is one of the reasons for the negative equal responsibility for accidents, means that a European undocumented a causal relationship between driving and accident, therefore Ou Mou death should not be identified as work-related injuries.

References -- High Court