Fund Of Inductrial Injury Insurance Legal System Of Advance Payment

The advance payment of the workers’ insurance fund, published in the Social Security Act of the People’s Republic of China, becomes an important complement to the workers’ insurance relief regulations. In practice, there exist difficulties concerning workers who were not yet covered by workers’ insurance to claim rights or who make a claim for a third party, which will be all resolved through advance payment. Obviously, that the obligations are invited to the social insurance agency will simplify the procedures and the difficulties of workers to apply for workers’ insurance relief.To comprehend the theory of the advance payment of the workers’insurance fund, we should primarily analyze the concept and classification of paid in advance and subrogation; then, by making comparison with the relative theories from civil law, insurance law and administrative law, confirm the nature of paid in advance and subrogation as repayable, which is considered as two kinds by the scholars; meanwhile, clarify the boundaries of paid in advance and subrogation and state the view that workers cannot get double industrial medical expense. Moreover, the advance payment of the workers’insurance fund may be divided into four constitutive requirements, namely claimers,"non-payment" and the identification program of workers’ injury as well as absence of the premium. The precondition of the system is the absence of the premium; the claimers, namely "workers", will be explained in a narrow way so as to confirming the subject range; also,"non-payment" means that the intention refuse to pay and the payment of entities do not exist to pay; additionally, to prepose the identification program of workers’ injury is necessary. With the above, therefore, they help make an understanding in insurance kinds and subjects of the system. However, because of the system defects which are the incompleteness of the subrogation mechanism, the fund deficit and moral hazard, the article will make proposals combining with the extra-territorial legal experience in final. From the view of the legislation technology, the workers’ insurance need to be set as the compulsory insurance; the establishment of special insurance fund and the improvement of the subrogation mechanism are also essential. Furthermore, suggest building the supervision mechanism and focus on strengthening the government responsibility through analyzing the prospective of the system.