" management of public security of People's Republic of China sanctions a method " already by People's Republic of China the 10th Standing Committee of the National People's Congress the seventeenth times the conference was passed on August 28, 2005, grant to announce now, apply since March 1, 2006. Of this law carry out will maintain the effect with major generation to inductrial injury, cause traffic accident to whether can hold the issue of inductrial injury to driving without card especially, will have more clear view.

Long-term since, to because do not have card,driving, the labor of countrywide great majority and social security branch are not maintained mostly for inductrial injury. Because,this is " byelaw of inductrial injury insurance " regulation: Commit a crime and offend public security government. In execute the law in practice, a lot of notting have card drives to undertake condemnatory mostly in executive authority of the public security in traffic accident, although be not punished, in the accident in maintaining, often drive to give to accident responsibility for reason with having card differentiate, labor and general office of social security department drive about having card the reply that whether accident of car happening traffic holds inductrial injury issue points out: Drive car was disobeyed " public security management punishs byelaw " , " road transportation regulation " concerned regulation, it is illegal behavior. According to " method of try out of insurance of company worker inductrial injury " (1996 〕 of 〔 of labor department hair 266) the 9th about break the law or criminality is caused be wounded, send incomplete, death to should not maintain the provision that is inductrial injury, be wounded to because do not have card to drive,be being caused, cause incomplete, death, should not maintain for inductrial injury. Appear to maintain the appearance with adverse inductrial injury to laborer so. This kind of wrong way is put in labor administration department to also be put in judicatory practice of the court not just, even a lot of lawyers also cannot very good carry solves this problem with law theory, wrong answer party, be a lot of should receive inductrial injury treatment originally however the answer because of the mistake, the judicatory with wrong wrong perhaps cognizance adjudicates on and cannot get legal relief.

Substantial, the answer of labor and social security ministry from legal angle character is a mistake. The wrong sex that the case that this lawyer searchs on the net has 9 courts to be able to realise this answer only, the person that die is like Si Fu, went in the past! But we ought to arrive to know law correctly when!

" byelaw of inductrial injury insurance " after coming on stage, will " method of try out of insurance of company worker inductrial injury " crime and the formulary change that break the law not to maintain inductrial injury are " commit a crime and offend public security government " , especially " law of safety of transportation of road of People's Republic of China " after applying since May 1, 2004 oneself, this kind of wrong idea still " thorough popular feeling " , do not maintain what ought to maintain inductrial injury originally however, affect the interest of party. This is legal worker cannot apply be caused by correctly to law foundation theory.
Previous12 Next