工伤认定应以劳动者权益为重——对《国务院关于修改〈工伤保险条例〉的决定（征求意见稿）》的思考

《国务院关于修改（工伤保险条例〉的决定（征求意见稿）》删去上下班途中受到机动车事故伤害认定为工伤的规定，但同时公布的理由不能构成删除该规定的根本性理由。工伤认定应以劳动者权益为重，应将上下班途中受到的意外伤害事故认定为工伤。同时，应明确规定用人单位和劳动者应在劳动合同或补充协议中对上下班路线和时间作出明确约定，并通过立法处理好人身损害赔偿和工伤保险赔偿之间的关系。

Labor Injury Identification and Laborer's Rights

The Decision of the Revision of Labor Inury Insurance Regulation by the State Council （Advice Seeking Version） deleted the item that motor vehicle injuries are ascertained to be labor injuries on the way to and off work. At the same time, its explanations cannot constitute to be the essential reasons for such deletion. In fact, labor injury identification shall take laborer＇s rights as the priority; accidental injuries on the way to and off work should be taken as labor injuries. Also, specifie items must be formulated between the employer and the employee in the contract concerning the route to and off work and the time taken to and off work; relevant relations must also be carefully dealt with between body injury compensation and labor injury insurance compensation by means of legalization.