Study On Subrogation Of Social Insurer System

This article topics in the system of social insurance originated from in theContext of subrogation mechanism in work injury insurance system from the "SocialInsurance Law", first generation system from subrogation about elaborate system ofsubrogation legal basis and requirements (Ref. Chapter II), followed by discusses thesignificance of the Social Insurance Law Import subrogation mechanism (Ref.Chapter III), the author gives the explanation of social insurance compensatoryinsurance, and thus should apply to subrogation system, tight followed by specificanalysis of the industrial injury insurance system for import subrogation case (Ref.Chapter IV), work injury insurance system, for example, industrial accidents ofteninvolve tort can be divided into two cases: the unit caused by accidents at work andthird-party infringement of industrial accidents, the paper mainly referred to some ofthe issues on behalf of the recovery mechanism applicable in both cases, and recoveryof the treatment of the workers’ compensation cut, discusses the significance ofsubrogation mechanism architecture. From subrogation angle, reverse treat theresponsibility for third party infringement competing selection problem, pointed outthat the subrogation mechanism of maintenance is the significance of the work-relatedinjury insurance benefits. Injury system making it up, and not just a supplement to hisassistant, and what should be a safety net that effectively safeguard the legitimaterights and interests of victims. Social Insurance Law, the modern-bit system of recourse mechanisms, respectfor the benefits of the Social Insurance Law, reflects the legislative progress, and evencommercial insurance law prohibits personal insurance applicable subrogationrecovery principle breakthrough, but somewhat regrettable subrogation recoverysystem not yet in social insurance law of general application, but scatteredwork-related injury insurance and basic medical insurance system, I believe that thegenerally applicable under the old-age insurance, unemployment insurance, maternityinsurance, medical insurance and other social insurance system is not abrupt, but caneffectively protect the social security administration, employers, workers tripartiteunder the social insurance law legal interests to address the plight of many problemsin the practice. The subrogation principle as a general principle under the SocialInsurance Law, can effectively avoid the chaos and confusion on the spirit of thelegislation and jurisprudence of the Social Insurance Law.The last chapter, certainly the system value of the subrogation recovery systemunder the Social Insurance Law, that a comprehensive framework on behalf of therecovery system can solve the current social insurance on the many predicament,given the right to recover insurance administrative, can reverse the Social InsuranceFund raising play a catalytic role. Subrogation system in the system of socialinsurance law is still a long way to go: to expand the right of recourse on behalf of themain range, set up specially subrogation duties institutions.