Research On The System Of Advance Payment Of The Basic Medical Insurance Fund In China

" Social insurance law of the people’s Republic of China " and " advance payment ofsocial insurance funds Interim Measures " at the same time have started the implementationsince July1,2011.The system of basic medical insurance fund payment in advance for themajority of the population provides a based approach to alleviate certain economic pressure,which plays an important role in improving the social security system.As one of socialinsurance, the basic medical insurance plays a role of the escort to the national health, itsbenefit covers a wide range, establishing the basic medical insurance fund to pay system willhave a more profound social impact. But because the system itself has some defects,leading tomany disputes in practice.The system of basic medical insurance fund for the advance payment which is dividedinto four parts were studied in this paper. The basic medical insurance fund to pay thetheoretical basis and structure of system are briefly outlined in the first part. The second partintroduces the current legislation of the system of basic medical insurance fund in China,mainly including the legislative background and legislative contents. The third part analysisthe system of basic medical insurance fund in view of the deficiency of the legislation,problems are mainly as follows: first,which is the advance payment conditions whetherincluding shall participate but not in the basic medical insurance situation or not is not clear,that whether payment in advance be obtained before other people are not found or not is notclear, highest pay limitation and the node of payment is not set, the application time not belimited;secondly, the problems of the recovery mainly are as follows:that whether theagencies have specified discretion or not is not clear,the time limited is not specified etc;thirdly, the cohesion to fund of work injury insurance exist problems; finally, the related legalliability is not perfect.The fourth part proposes to perfect the basic medical insurance fund inChina ahead of the payment system of legislative proposals.Including the formulation ofinterpretative provisions further not explicit content,such as determining the advance payment conditions,determining the agencies have certain discretion of recovery; supplementaryprovisions for unspecified content, provides highest pay limitation and pay the first paymentof the first node, payment for the time and the starting point, recovery period and the specifiedstarting point.This paper analyses the legislative background in the second part that is adopted thehistorical method, inductive method is adopted to summarize the legislative content, themethod of comparative analysis and system analysis are adopted in the third part and the fourpart, combined with the practice in the case, this paper is given some interpretation to theproblems of system and is put forward legislative suggestions.