Research On The Advanced Payment Of Worker-related Injury Insurance

Basing on its legal attribute of social security and social reality demands,"Social insurance law" established the work-related injury insurance fund advance payment system in the form of law, which enhanced the relief function of work-related injury insurance in our country, added to the existing legislations in our country. In practice, there are a large number of uninsured workers, when they are confronted with work-related injury accidents, the process of claiming to employers or thirds is long and arduous. Aiming at this problem,"social insurance law" regulated that uninsured workers can apply interim payment to the organization of social work-related insurance fund when employers did not pay work-related injury insurance treatments and meet other certain conditions. After the advance payment, the fund can recover from the employers or any infringed thirds. Obviously, the fund advance payment system greatly simplifies programs and difficulties for the work-related injury workers to seek relief, embodies the social equity and humanistic care of social insurance legislations.According to the "social insurance law" article41and article42, work-related injury insurance funds advance payment system mean that the fund will pay compensations in advance for uninsured work-related injury workers when the work-related injury accident happened and employers or a thirds does not pay work-related injury legal compensation, after that, the society insurance agency organization recourse against the employers, the third persons, or by any other way to make up for insufficient funds.The paper basing on fundamental theories of social security and relevant provisions of "social insurance law" and " the interim measures ", has carried on the thorough analysis to the fund advance payment system from theory to practice. Leading the first part, the introduction part of this article, make a brief introduction of the paper research background, research status, research ideas and methods. The second part, work-related injury insurance fund advance payment system overview, including the connotation, legislative evolution, legal basis, system properties of fund advance payment system; The third part, fund advance payment system law, including the legal situation, legal conditions, legal scope, legal procedures of the fund advance payment system, etc; The fourth part, through the analysis of existing legislation in our country, finds out the problems existing in the fund system; the fifth part, according to existing legal problems in fund advance payment, targeted to introduce the related law outside, to provide the references for perfecting legislation; the sixth part, based on the analysis of the problems in the fund advance payment system, considering the reference the relevant legal system outside, perfects and improves fund first payment system in our country.In terms of theoretical analysis, this paper expounds the legal basis and the system properties of the advance payment system. Analysis of fund of work-related injury insurance legal basis for the advance payment system, is the basis of the concrete system design, ensuring that the system design conforming to the legislative original intention. The fund advance payment system embodies the respect for the citizen’s right of social security, and the mutual benefit of work-related injury insurance fund. It is great help to clear the legal nature of the fund advanced payment and recourse in distinguishing the legal relationships between organization of social insurance, and work-related injury worker, the employer, the third person. The fund advance payment and recourse system, different from the guarantee system in civil law, subrogation recovery system in insurance law, is a kind of advance system of social security nature.In practice point of view, according to the "social insurance law" and "interim measures" regulations, the paper has a logical combing in the legal circumstances, legal conditions, legal range and legal procedures of the advance payment and recover system, focus on analyzing the legal conditions in applying for fund interim payment,assessing the existing system designs rationally. After combing through existing legislations in our country, the paper find out the problems existing in the legislative designs. In the aspect of application subjects, the laws lack clear regulation to illegal employer; In the aspect of application process, work-related injury certification is trivial and long; In terms of recovery mechanism, the fund lack a strong recovery measures; In case of work-related injury relief for infringement of a third person, there is no specific provision to clear boundary for work-related injury worker’s to seek civil compensation to the third person. Lacking of legislations, there are multiple potential risks in work-related injury insurance fund. After the advance payment, the fund faces the in-out imbalances, the moral hazard of insurance fraud and the legal risks in proof and enforcing.The focus and innovations of this paper is that to make the reasonable orientation of the fund first payment system through the analysis of theory and practice, to clear the legislation direction of interim payment system. Considering the situations of our country and legislation practices, contrasting work-related injury insurance legal system outside, breaking through the existing legislation in our country, the paper puts forward suggestions on improvement of the fund interim payment system from the subject, procedure, recovery mechanism, fund running aspects.