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's daughter killed by a train commute, when applying for work-related injuries identified in this rule on Difficult, from the beginning of this provision for the "war", after six years, eventually moved out of Modern Chinese Dictionary on "motor vehicle" is defined, the court recognized,[link widoczny dla zalogowanych], according to "Work Injury Insurance Regulations" provisions verdict: Not applicable provisions of the Road Traffic Safety Law Meng Yasheng Recently, Gao Rong Mei's daughter LV Ming-ying was finally identified as work-related injuries, this time from the death LV Ming-ying has been in the past six years. Six years ago,[link widoczny dla zalogowanych], LV Ming-ying hit killed by a train commuting to work-related injuries found that Gao Rong Mei rush for 6 years. Killed by a train after work for work-related injuries was rejected 73 years old this year, Gao Rong Mei, who is recognized as neighbors Daughters Shun Fu Granny --- children, however, five years ago,[link widoczny dla zalogowanych], her daughter was in a car accident, broke her happy life. April 21, 2004 evening 5 pm, LV Ming-ying Gao Rong Mei daughter received a phone call that she missed class transit train, can only wait for the next one transit train home. LV Ming-ying in Nanjing Yaohuamen apartment near the railway as a waiter. That night, the clock pointing to 7:30, Gao Rong Mei put hot food hot, but still no daughter. Suddenly, the phone ringing: daughter hit by a train, sent to hospital. Gao Rong Mei busy and son rushed to the hospital, but LV Ming-ying excessive blood loss, he died. Originally, LV Ming-ying ride transit train arrived in Nanjing railway station, and as usual take a shortcut home through the railroad was hit by a freight train, fixed in 42 years of life. Elderly bereaved women, so Gao Rong Mei deep sorrow. Soon, Gao Rong Mei learned, LV Ming-ying was commuting in a traffic accident, according to the "Work Injury Insurance Regulations," the relevant provisions of the workers in the way to work by motor vehicle accidents,[link widoczny dla zalogowanych], should be recognized as work-related injuries. Gao Rong Mei he called his son to write reports for LV Ming-ying apply for injury deaths. Who knows, this application is more than five years. March 4, 2005, Gao Rong Mei received the Nanjing Bureau of Labor and Social Security (now Nanjing Human Resources and Social Security Bureau) notice that application has been made for a work injury LV Ming-ying identified, told her to fetch the certificate. Gao Rong Mei arrived at the Nanjing Bureau of Labor, to see the staff and asked: "Is it because of my daughter crossing the railway line,[link widoczny dla zalogowanych], there are at fault, not identified injury " Staff replied: "No matter whether the fault crossing the railway LV Ming-ying, not impact related injuries, because "Work Injury Insurance Regulations" canceled "No I primary responsibility for liability or non-I 'injuries that premise, relaxed the scope of related injuries, as long as she did not mean to hit toward the train, can be identified as work-related injuries." But Gao Rong Mei took the certificate a look, nearly fainted, Nanjing Bureau of Labor believes that LV Ming-ying is the train crash injuries, according to the Road Traffic Safety Law, the train does not belong to the scope of motor vehicle does not comply should be recognized as work-related injuries requirements. "The train is actually not a motor vehicle " Gao Rong Mei Mangjiao staff to the provisions of the Road Traffic Safety Law, turned to her. Sure enough,[link widoczny dla zalogowanych], Article 119 of the Act the third paragraph: refers to the power unit motor vehicle driven or drawn on the road for people to ride with, or used to transport goods as well as special engineering operations wheeled vehicles. Obviously, the train is on the track rather than on the road. 4 years, 4 times a judgment train is not motor vehicle "train is not motor vehicles, it is a human pulling, horse, cow pull it " After returning home, Gao Rong Mei can not understand anyway Nanjing Bureau of Labor explanation. April 2005, she Labor and Social Security Department of Jiangsu Province (now the Provincial Human Resources and Social Security Department) apply for administrative reconsideration. Soon, the Provincial Labor and Social Security in order to "train is not motor vehicle" For the same reason, to maintain the Nanjing Bureau of Labor made the identification. July 2005, Gao Rong Mei Baixia people hire a lawyer to court to require the defendant to withdraw LV Ming-ying Nanjing BLI is not employment injury. Judge hearing the case last still "rather than the railway train traveling on the road, not a motor vehicle" on the grounds, rejected her claim. September 2005, Gao Rong Mei to the Nanjing Intermediate People's Court of Appeal. The result is upheld. "Automotive is a motor vehicle, motor vehicle may not be how it trains " In January 2006, Gao Rong Mei Baixia People's Court to apply for a retrial. Court hearing retrial, Gao Rong Mei cheerful tears and said: "cars, motorcycles are called motor vehicle, motor vehicle, said the train was not killed I do not believe!" Ultimately, the judge can only "control law to decide cases." , again dismissed her appeal. January 2007, Gao Rong Mei hobbled to the Nanjing Intermediate People's Court, continue to apply for a retrial. After more than a year of waiting, in early 2008, the Nanjing Intermediate People's Court for retrial result is still upheld. The trial judge Gao Rong Mei said, unless the request legislative bodies change in motor vehicle road traffic safety law concepts would be difficult to win. After two administrative findings, the Court of First Instance, the second trial,[link widoczny dla zalogowanych], twice retrial verdict failed four times to discuss the argument, Gao Rong Mei still did not give up, went to Jiangsu Province Higher People's Court of appeal for retrial. Jiangsu Provincial High Court reception staff told her that unless there is new evidence or new legal basis, otherwise the hospital will not be a retrial, even if the hospital retrial, it is difficult commute. Laws and regulations, "fight" Xinhua Dictionary "award", "daughter killed by a train on his way to work, it is obvious, can there be any new evidence Addition to the Road Traffic Safety Law regarding the definition of a motor vehicle, the other laws have been promulgated There are no new interpretation of the motor vehicle, where to find a new legal basis "One night in early 2010, Gao Rong Mei kept in dim lighting look laws and regulations. Turned over turned, she suddenly realized that the dictionary might be able to own a say. She immediately called his son got a "Modern Chinese Dictionary." "Motor vehicle is the machine running the car!" When turn to page 581 about the vehicle's explanation, she immediately jumped. "Dictionary there is no power on the road the car is the vehicle device drivers that said!" The next morning, she took the Chinese dictionary, to Jiangsu Provincial Higher People's Court, in order to find new About Vehicle explanation grounds for retrial. The hospital supervisor a trial court judge after the study, decided to form a collegial panel case for retrial. Court, Nanjing Human Resources and Social Security Bureau agent, said related injuries based primarily on "Work Injury Insurance Regulations", which explicitly provides that an employee on his way to work by motor vehicle accident injuries, should be recognized as work-related injuries. However, LV Ming-ying was hit by a train died, while road traffic safety law will be excluded from the train, "motor vehicle" outside. Gao Rong Mei old man immediately retorted,[link widoczny dla zalogowanych], "Work Injury Insurance Regulations" of the "motor vehicle" does not explain, so life should be of universal significance, "motor vehicle" to understand, "motor vehicle" includes not only motor vehicles on the roads, but also should include rail transit train, light rail, subway and other motor vehicle meets the technical features of transport. She presented "Modern Chinese Dictionary" in the vehicle explained, "Work Injury Insurance Regulations" in the "motor vehicle" is a broad interpretation, while road traffic safety law to "motor vehicle" is a narrow interpretation of the trial judgment was based on the Act on the "motor vehicle" explanation, analogy applies to "Work Injury Insurance Regulations" and "motor vehicle" is defined,[link widoczny dla zalogowanych], that the train does not belong to motor vehicles, finds LV Ming-ying killed by a train does not belong to injury is the law applicable to an error. After a collegiate bench, the presiding judge on the case directly Zang Jing sentencing. Collegiate bench that, with regard to whether the accident involved in this case occurred in the regulations of the "way to work", LV Ming-ying shuttle transportation is not caught up when the next service transit train ride home from work, is a reasonable working hours. LV Ming-ying commute crossing the railway line in the behavior despite violation of the "Republic of China Railway Law" the relevant provisions, but its purpose is to act as a shortcut home, should be consistent with "the way to work" situation. Another respondent Nanjing Human Resources and Social Security Bureau is also no evidence to prove the existence of the accident, "Work Injury Insurance Regulations," Article 16 shall not be recognized as work-related injuries or injuries as the case. Road Traffic Safety Law adjustment range is limited to the road transport sector. The law on "motor vehicle" is defined term, it will train, light rail, subway and other rail travel in dedicated transport excluded under the Act actually made the adjustment range narrowing defined. This definition applies only to the Act and its supporting regulations. "Work Injury Insurance Regulations," the legislative purpose is to protect the harm suffered due to work reasons legitimate rights and interests of workers, the adjustment range of the method is injury insurance administrative legal relationship, so the regulations in the "motor vehicle" should be in line with the usual sense understanding of objective reality and rational explanation that includes not only motor vehicles on the roads, but also includes rail transit train, light rail, subway and other motor vehicle meets the technical features of transport. Trial verdict based on the provisions of the Road Traffic Safety Law, in order to train vehicle category does not belong to the ground, making LV Ming-ying lethal hit by a train does not belong to these Regulations "by the motor vehicle accident injury" finds an error of law is applicable, should be corrected . Jiangsu Province Higher People's Court made the final decision: revocation of a court of second instance administrative decision; withdraw Nanjing Bureau of Labor made for LV Ming-ying is not employment injury; ordered Nanjing Human Resources and Social Security Bureau within 30 days after the effective date of this judgment renewed specific administrative act. Gao Rong Mei hear Jiangsu Province Higher People's Court judge ruled in favor of her time, and cried. ■ link Experts suggest: to amend the "Work Injury Insurance Regulations" Jiangsu Province CPPCC, director of law firm BDA Wei Qingsong that Jiangsu Province Higher People's Court of this decision is made within the existing legal framework, and did not break now There are ranges. Previously, car accident injuries that directly invoked road traffic safety regulations "just urban roads regardless of the railway" is wrong on "Work Injury Insurance Regulations" motor vehicle redefined to address social effects are reflected. Decision in that case future legislation will certainly have a profound impact. Nanjing University for legal experts suggested to the revised "Work Injury Insurance Regulations" the relevant provisions, expand "motor vehicle" coverage. Reality, workers in a traffic accident on his way to work, a lot of electric cars. Therefore, the scope of motor vehicle, should be "drive" as a yardstick, as long as the mechanical power-driven, non-human,[link widoczny dla zalogowanych], animal-driven vehicles, should be recognized as a motor vehicle, which bring harm to workers, but also should be recognized as work-related injuries. Further Cancel "motor vehicle" in this qualifier for injuries that limit will be extended to workers injured on his way to work all of the injuries, including trains, electric cars, bicycles, accidentally fell, sudden illness and so on. Source: Law weekend
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