国务院《工伤保险条例(》以下简称《条例》)于2004年1月1日起施行。该《条例》体现了《劳动法》保护作为弱势群体的劳动者的立法精神,将工伤分成两种情况,第一种应当认定为工伤;第二种是视同为工伤。对工伤实际认定中出现的一些复杂情况,笔者认为,在具体认定过程中对工伤的范围 The State Council's “Work Injury Insurance Regulations (” the “Regulations”) came into force on January 1, 2004. The “Regulations” reflect the legislative spirit of the “Labor Law” for protecting laborers who are vulnerable groups. The work-related injuries are divided into two situations. The first one should be regarded as work-related injuries. The second is regarded as work-related injuries. The actual identification of work-related injuries in some complex situations, I believe that in the specific identification of the scope of work-related injuries