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工伤保险条例第十四条第(三)项规定,职工在工作时间和工作场所内,因履行工作职责受到暴力等意外伤害的,应当认定为工伤,但在具体实践中,不能对工作时间、工作场所、工作职责等词汇作狭隘的理解。当法律没有明确规定或者依法律的规定作狭隘理解而处理将导致不合理的结果时,法官可以根据具体案情,权衡各种利益和法律价值,确定具体案件应当适用的规则,但具体规则的确定不能违背制定法的立法宗旨。
Article 14 (3) of the Regulations on Work Injury Insurance stipulates that an employee shall be deemed as a work-related injury because of accidental injury such as violence during work hours and in the workplace due to his / her performance of duties. However, in practice, employees' Workplace, job responsibilities and other words for a narrow understanding. When the law does not expressly provide or narrowly understand the law, the judge will lead to unreasonable results. Judges may weigh various interests and legal values according to the specific circumstances and determine the specific rules that should be applied. However, the specific rules Can not violate the legislative purpose of making laws.