“挂靠”是交通运输业常见的运营方式,对于挂靠车辆的司机和被挂靠的公司之间是否存在劳动关系的认定一直是司法实践中对工伤认定的难点,而民事审判和行政审判中对此的认定也有所不同,法律解释可以很好阐释此种分歧,同时利用利益衡量的方法可以给此类案件的解决提供公正判决的途径,并对此类案件规则的形成起到指导的作用。 “Calling ” is a common mode of operation in the transportation industry. Whether the existence of labor relations exists between the driver of a car and the affiliated company has always been a difficult task in judicial practice to identify work-related injuries. In civil and administrative trials The recognition of this is also different, and the interpretation of law makes it possible to explain such disagreements well, and at the same time the method of interest measurement can be used to provide a fair judgment on the resolution of such a case and play a guiding role in the formation of such a case rule .