head of a credit to higher-level units on duty in the way, suddenly beaten to death by three strangers. After investigation, he had no enmity with three strangers, so why should lay violent hands hurt? After further investigation, who was actually his waiting list for incitement to colleagues that he blocked the road to their posts.
overwhelmed by Li Jun, identified as work-related injuries can experience? But the road seems to dead end. Whether it is related injuries department or the court, are that the duty can not be identified as work-related injuries killed on his way. But experts do not think so
Mengya Sheng
. For her, like
Li Jun is February 14, 2009 afternoon en route to being hurt on duty death, the perpetrators, Li Jun, the unit where employed workers waiting list, and incitement of those reasons turned out to be In order to post teaching.
the perpetrators and those who were sentenced for incitement after, leaving Wang Jianling the pain is just beginning.
downtown beaten
was that the often appear in her eyes.
2009 年 2 月 14 日 下午 5 时 40 minutes, Pei County, Xuzhou City,
tod's scarpe donna, Jiangsu Province, an alley in downtown King Changan frightening scene took place: A middle-aged his bicycle man approached the alley, suddenly three men punched and kicked him, stabbed him with a knife, slash.
When police arrived at the scene, the middle-aged man covered in blood, lost consciousness. He was immediately taken to a nearby police hospital, the end result of excessive bleeding, died died.
middle-aged man is the husband of Li Jun Wang Jianling, only 38 years old, rural cooperative credit unions Pei Jing An, Xinhua credit bureaus credit charge.
bad news came, Wang Jianling one distraught.
Wang Jianling do not understand, the husband usually with the person who, without injustice Wu Chou, how attracted the impending massacre?
neither
investigation,
tod's outlet, police learned that a strange thing: Xinhua credit bureaus closed over a new employee, the way to work a few days ago was also beaten by strangers.
Xinhua credit bureaus a total of only three employees, in addition to Li Jun, Feng Chao, in addition to a female employee. There have been stranger inexplicably attacked two men, which in the end what's the problem?
visited the scene after witnesses, carefully investigation, collect clues, the police finally found traces of the perpetrators will soon be LU Wei, Zhu Yubin and Du Xinrong 3 people arrested and brought to justice.
after interrogation, the police surprised: Jun 3, not supply knowledge, no more holidays.
incredible
waiting list employees as Jun punish him. Get 1,000 yuan,
This is clearly the case with incitement to assault.
LU Wei account, employed his whole man named Hao Jing, They met in the labor market. Hao Jing can be brought to justice after all claimed that they have never met with Li Jun, who called SUN Zhi-guo real incitement.
original, SUN Zhi-guo Zengyin individual did not recover non-performing loans overdue responsibility, by the probation sanction. Later, the mother is ill, SUN Zhi-guo, please take care of the long vacation at home.
2008 年 12 months, Peixian credit system to implement two-way selection and competition. SUN Zhi-guo because of missed opportunities, but to the waiting list at home, get 580 yuan a month.
psychological imbalance SUN Zhi-guo repeatedly asked to re-find leadership posts, but at this position is full, no credit for its organization of work.
order to be able to re-appointment, SUN Zhi-guo invested 8,000 yuan, Hao Jing instructed the credit bureaus all employed workers will be closed Xinhua super wounded, making it unable to work, so as to achieve the purpose by their own replacement.
2009 年 2 8, 11, Hao Jing Feng people all over the two directed the implementation of assault, causing the eye by Sometimes no.
due to injury not serious, still adhere to the closed super-normal working day.
SUN Zhi-guo and shoot them just transferred to the credit bureau chief of Xinhua Li Jun, Li Jun, that is accounted for their posts, so once again invested 1 million, instigated the whole hire wounded Li Jun Hao Jing to replace Jun positions.
they did not anticipate, because of heavy start, even cause death Jun.
2010 年 3 months, Jiangsu Province, Xuzhou City Intermediate People's Court sentenced the defendant to the crime of intentional injury death SUN Zhi-guo, the other four defendants were sentenced to death suspended for two years, life imprisonment, imprisonment for 15 years . At the same time, the court also ordered compensation for five accused relatives of the victims of the loss of Li Jun, a total of 36 million yuan.
However, the five defendants did not perform the property, the court,
performance of their duties battle
killed on duty on the way is not claiming for compensation
Wang Jianling think that Jun is not a credit if the staff would not was unexpected, Li Jun's death simply because the
Pei Wang Jianling rural cooperative credit union that has some truth in the views, so labor and social security departments to identify Pei Li Jun, the applications are work-related injuries. But the Bureau of Labor and Social Security Peixian that Li Jun injuries in the non-working hours and non-work sites, not identified as work-related injuries.
Wang Jianling Pei Labor and Social Security Bureau to produce a proof --- respect to a security watch list credit unions to prove that Li Jun killed the same evening, in accordance with arrangements to work from Xinhua credit bureaus King Security credit to duty, and two 500-meter distance, however, Li is in duty to respect safety and the way credit unions killed.
This is the work between the docking point, but also the content of Li Jun, a continuation of the work. In this process, should belong to the workplace during working hours and work reasons suffered internal injuries, should be recognized as work-related injuries.
Pei Labor and Social Security Bureau, but that the industrial injury insurance in accordance with regulations,
tods sito ufficiale, on his way to work, only one case can be clearly identified as work-related injuries --- by motor vehicle accidents. Li Jun, Department of victims of violence, rather than a motor vehicle accident, apparently non-compliance.
2009 年 7 6, Pei County Bureau of Labor and Social Security made a
Wang Jianling dissatisfied, Xuzhou City, Jiangsu Province, to the Labor and Social Security Bureau to apply for administrative reconsideration.
2009 年 11 months, Xuzhou Municipal Labor Security Bureau issued an administrative reconsideration decision, Bureau of Labor and Social Security to maintain Peixian identified.
2010 年 3 months, Wang Jianling to the Drum Tower District, Xuzhou City People's Court proceedings, the Xuzhou City, Peixian levels, the labor department to court, a request to revoke Peixian Labor and Social Security Bureau on Jun the decision not to identify work-related injuries and Xuzhou Municipal Labor and Social Security Bureau to maintain the administrative reconsideration decision, and pleaded to Li Jun, is killed in work-related injuries.
2010 年 4 on 2, Xuzhou City, the Drum Tower District Court hearing the case. Court, the original defendant, Li Jun, the two sides focus on whether to perform the functions and the violence carried out by a fierce debate.
Wang Jianling that Li Jun and SUN Zhi-guo never had personal grudges, he is completely killed due to work reasons. SUN Zhi-guo purpose of incitement to intercept injury is to enable Li Jun Li Jun, can not continue to work in the workplace, from him to replace, which fully proved that the damage by Li Jun and his work and responsibilities have a direct causal relationship. Li Jun on duty on the way killed because of work issues should be identified as working hours and workplace.
the defendant that the injury is an occupational injury in the final analysis, is the workers engaged in production work, the equipment provided by the employer or working conditions of a safety factor, leading to an accident injury, workers be deprived of life and health situation, this is personal injury accidents and other major differences here. Li Jun, who died a violent crime is crime, and violent criminal behavior and the savings are engaged in the work of Li Jun, no direct causal relationship is not working due to the death of reason. Is not on duty on the way and in the workplace during working hours.
the original defendant, the two sides against each other, who can not convince anyone.
2010 年 5 20 May, the Court of first instance verdict, dismissed the claims of Wang Jianling.
court held that the direct cause of the victim is the perpetrator of casualties for the
victims Xinhua work are responsible for the credit bureaus, their specific job duties are 17:40, Li Jun, the credit bureaus from Xinhua to the King after work the night shift Security Credit Union headquarters on the way, not in the performance of their duties in the injury suffered, and not between the victim and the offender's leadership and the work leadership, relationship management and managed, the perpetrators of the crime against the credit bureaus of Xinhua all workers in the post, which does not exist between the victim to perform the functions of the victim, arising from personal grudges, so the do not have the causal relationship between casualties.
5 31, Wang Jianling appeal and is awaiting the results of the second trial.
■ Further Reading
injury of legislation designed to prevent the injured person bleeding and tears
Nanjing University labor law expert to accept the Article XIV of the provisions of industrial injury insurance regulations, working hours, workplace and work related injuries due to the 3 major elements.
case, Li was killed on duty on the way, Li was the work injury does not seem to satisfy the conditions of time and in the workplace, then is not recognized as work-related injuries can not it?
experts believe that the present case, whether the identified Li Jun injury suffered violence is the key to industrial injury insurance regulations to see whether the third requirement of Article XIV, that during working hours and workplace, as perform the functions of accidental injury by violence.
State Council Legislative Affairs Office of Labor and Social Security Law Division of the interpretation of the legal system, has two implications: First, the employees performing the job duties, so some people are unreasonable or illegal purposes does not meet these workers who were out of revenge violence in the personal injury; the second refers to the time at work and workplace, the employee to perform job duties due to injuries suffered.
the meaning of the Interpretation of the first layer itself as the innocent party workers due to work with others, lead to disputes being of others (innocent party) malicious injury retaliation, although not in working hours and workplace still be found work-related injuries.
experts believe that neither of passion Jun victims, but also non-financial killing, but also non-killings caused due to personal grudges, is entirely the work --- causes that the defendant SUN Zhi-guo Li Jun, the normal work The road block his appointment.
work is to perform the work of reason is not it?
Chinese People's University Law School professor Li Jianfei that work because the derived from the behavior of perpetrators, and causes injury is work and work responsibilities, is to perform the functions of the hurt, which is work-related injuries One of the most fundamental point.
experts, comprehensive facts of this case point of view, Li Jun, indeed murdered caused by the discharge of duties, compliance with the core elements related injuries --- work reasons. In line with the premise of the work of reason, working hours and workplace elements should be identified as supporting elements.
experts stressed, labor relations, work injury protection principles and spirit of the law is to protect the non-malicious employee because of work or work-related activities can get relief after the injury, as long as the worker's injury and the work by content associated to the definition of working time to judge according to the different nature of work, as long as the injury work-related injuries are not excluded from the scope of the case, it should be recognized as work-related injuries.
the present case, although the duty on the way Jun killed, but the reason is based on the performance of duties. If only there is no rush for a few minutes to place not identified as work-related injuries on duty, conscientiously perform their duties if the work is not identified as causes, results not receive any compensation for work injuries, which is the legitimate rights and interests of labor law protection of workers and fair legislative intent principles and work injury insurance regulations inconsistent with the legislative purpose.