上下班途中工伤认定的法律思考

Legal Thinking on the Identification of Get off Work-Related Injuries on the Way to and from Work

摘要: 现行法律对于上下班途中工伤认定中的“合理时间”要素缺乏明确的规定，以致于工伤认定适用存在较大的困惑和分歧。实践中，上下班途中工伤认定存在诸多问题，主要有上下班途中工伤事故认定范围过于狭窄；“上下班途中”的理解过于原则；司法实践对“倾斜保护原则”的理解过于简单等。对此，有必要结合司法裁判现状，准确把握“工作相关性”原则，以“是否存在严格的时间管理制度”为标准区分认定“合理时间”要素。同时，借鉴域外有优秀实践，构建上下班途中合理路径的判断规则。

Abstract: The current law lacks clear provisions on the element of “reasonable time” in the determination of work-related injuries on the way to and from work, resulting in greater confusion and disagreement over the application of work-related injuries. In practice, there are many problems in the determination of work-related injuries on the way to and from work, mainly including the narrow scope of the determination of work-related injuries on the way to and from work; the understanding of “on the way to and from work” is too principle-oriented; and the understanding of the “tilted protection principle” in judicial practice is too simple, etc. In this regard, it is necessary to take into account the current situation of judicial decisions to accurately determine the “reasonable time” element. In this regard, it is necessary to take into account the current situation of judicial decisions, accurately grasp the principle of “work relevance”, and differentiate and recognize “reasonable time” based on the criterion of “the existence of a strict time management system”. The excellent practice of recognizing reasonable paths for commuting to and from work in overseas countries can also serve as a reference for China’s judicial system.