Research On The System Of Advance Payment From China’s Industrial Injury Insurance Funds

The establishion of Industrial Injury Insurance Funds’ Advance Payment System is toperfect our Industrial Injury Insurance System, and provide more timely treatments andcompensations for the injuries of workers, and help solve the difficult situation that theworkers who are uninsured or infringed under the third person are hard to tort their rights.However, due to the development of this system in our country is immature, lacking oftheoretical research and the implementation is ineffective, therefore it is particularly necessaryto explore this system and perfect it. This paper focused on the system’s general principlesand the legislative status quo and the status of implementation, combined with advancedexperience overseas to raise own suggestions to improve our system. In addition to theintroduction and conclusion, this article contains a total of four parts:The first part discesses about the general principles of Work Injury Insurance FundsAdvance Payment System and clear its concept and classifications. Based on this, the articlecontinues to explore the Industrial Injury Insurance Funds Advance Payment System’stheoretical basis: The doctrine of social insurance relations occur automatically, government’sobligations and statutory debt transfer theory. Meanwhile, it also discussed the necessity ofbuilding the Work Injury Insurance Funds Advance Payment System.The second part analyses the insignificances of Injury Insurance Funds AdvancePayment System departure the legislative status quo and the status of implementation."Legislative highlights, enforcement difficulties" is an academic point of view of the systemgenerally. In practice, although many countries have been found in "the first case of workinjury insurance funds advance payment", but its implementation is ineffective overall. Thereare four reasons to lead this situation: the main application legislation imperfect, the eligibilityrequirements are too strict and confused, financial security mechanism is not perfect, and thegovernment’s work is inadequate.The third part inspects some representative countries’ injuries advance payment systems,like Germany, Taiwan of China, Japan, Hong Kong Special Administrative Region of Chinaand some states in America and summarizes their experience in legislations, aiming atimproving our own system for reference. Firstly, it applies to a wide range of people.Secondly, financial security mechanism is perfect. Thirdly, the eligibility requirements areeasier. Fourthly, the mandatory for the recovery and insurance are obvious. The last part is directed against the deficiencies of work injury insurance funds advancepayment system to raise some suggestions to perfect it. Firstly, exclude the employers’qualification of the main applications and bringing the illegal employment into protection inorder to improve our work injury insurance funds advance payment system’s qualification ofmain applications. Secondly, standardize the legislation and reduce the conditions of apply formedical expenses for injured workers. Thirdly, build a special fund, refine recovery methodsand implement compulsory insurance to improve the financial protection mechanism of workinjury insurance funds advance payment system. Fourthly, strengthen the government’sresponsibility, stimulate local implementation details, construction of agencies and thepromotional of related laws and regulations.