Drive without card produce traffic accident to be able to deny calm inductrial i
From;    Author:Stand originally
  • [Brief introduction of details of a case]
     Zhou Mou is  of some company staff one autocycle drives to come home without card after coming off work on November 16, 2003, with one coach barge against dies in road. Traffic management department maintains Zhou Mou to assume less important responsibility in this accident. Its relative ensured service to submit to to some area labor in October 2004 property of Zhou Mou death is maintained, area labor ensures service to obtain evidence via investigation, zhou Mou was made belong to the decision that dies because of labour in December 2004. Unit of choose and employ persons decides to refuse to obey to this, to ranking labor safeguard service applies for administration to reconsider. Ranking labor ensures service to reconsider the decision that kept area labor to ensure service.
     [argumentative central issue]
    In this case, come off work to drive without card to Zhou Mou the fact that accident of traffic of motor vehicle happening dies does not have big dispute, the focus of controversy basically is whether its behavior is accorded with " byelaw of inductrial injury insurance " the 16th (one) regulation, do not get the case of cognizance inductrial injury.
    Unit of choose and employ persons thinks: Zhou Mou department drives without card motor vehicle, " law of road transportation safety " the 19th regulation: "Drive motor vehicle ought to obtain " of motor vehicle driver's license lawfully. Drive without card car was disobeyed " public security management punishs byelaw " , " law of road transportation safety " concerned regulation, it is illegal behavior, according to " byelaw of inductrial injury insurance " the 16th (one) the regulation must not be maintained for inductrial injury.
    The dead's relative thinks: Zhou Mou is not to have card to drive truly motor vehicle, but negative in this second accident less important responsibility. The behavior that drives without card is not the main reason that causes this second accident, do not belong to " byelaw of inductrial injury insurance " the 16th (one) the casualties that the regulation causes to disobeying action of public security government must not hold the action that is inductrial injury, should maintain inductrial injury.
    Area labor ensures service to think: Zhou Mou disobeys traffic government laws and regulations to die, whether to violate the statute of public security management, labor ensures a branch to have no right to maintain. Unit of choose and employ persons is in inductrial injury cognizance process, the evidence that submits when quote also did not offer Zhou Mou to have the legal evidence that disobeys laws and regulations of public security government, accordingly, dead property of Zhou Mou is maintained not applicable " byelaw of inductrial injury insurance " the 16th (one) regulation, should maintain for inductrial injury.
     [brief review analyse]
    " byelaw of inductrial injury insurance " the 14th legal clause that is cognizance inductrial injury, the 16th set again ought to give the other state that eliminate. Zhou Mou is the death that encounters on commuted reasonable line motor vehicle accident happens, accord with " byelaw of inductrial injury insurance " the 14th (6) regulation. But its drive without card whether is the behavior of motor vehicle accorded with " byelaw of inductrial injury insurance " the 16th (one) regulation, belong to must not maintain the status that is inductrial injury? Disobey to driving without card " public security management punishs byelaw " the 19th regulation with the 96th, and disobey " public security management punishs byelaw " the 26th regulation, public security parts by traffic, public security two branches are maintained, labor ensures a branch to have no right to maintain. " byelaw of inductrial injury insurance " the 16th (one) the " that " of indicating two kinds of case perhaps disobeys casualties of public security management because of crime is due legal evidence, ability gives eliminate maintain inductrial injury. If " crime " must want to have the report of people court become effective, offend public security government due also the processing conclusion of mechanism having right, and cannot be opposite by other department or individual only the understanding of code, offended public security government with respect to cognizance Zhou Mou, maintain either project is gone.
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