Study On The Difficult Issues Of The Main Application Of The Advance Payment Of Injury Insurance System

"People's Republic of China Social Insurance Law" has been implemented since July 1st 2011,in which Article 41 is referred to as "the advance payment of injury insurance system".This system is designed to solve the uninsured injured workers' medical treatment and livelihood security challenges,which is called the injury a milestone in the history of worker protection.The advance payment of industrial injury insurance system has been implemented close to four years,the country have also introduced the relevant implementing rules and measures to gradually remarkable success cases.However,in practice there are still some uninsured injured workers faced with the difficult dilemma of claims,often refused to apply for advance payment of social insurance administration.Workers' compensation insurance system has not been paid in advance to effectively play its efficacy.But not yet forming a nationwide demonstration effect,there are many cases through administrative reconsideration and administrative proceedings to be successful.The system is implemented in the outstanding issues are:social security institutions still generally refused to accept the application;"Employers do not pay," the burden of proof becomes the difficulty of the application;additional social security institutions accept partial payment conditions.There are still some practical problems in the qualification to apply for advance payments worth studying,such as the employer of illegal workers,labors who have been diagnosed with occupational related injuries but not complete programs related injuries and workers in labor arbitration and litigation.Their application for advance payments injury insurance benefits is often refused by social insurance administration,and the administration of justice is also usually do not support.But from our point of view of social insurance legislation,which three workers enjoy the work injury insurance benefits do not exist obstacles.Therefore,difficult problems of the three main applications for advance payment of injury insurance system is worthy of analysis and discussion.Firstly,with the interpretation of the "Social Insurance Law" Article 41,I analyze the legislative purpose of this provision and card the injury insurance advance payment system applicable conditions on the substantive and procedural.And the I discuss the terms of the value of the theory and practice.Secondly,through the analysis of "Social Insurance Law" Article 41 of the Law,we are clear that the main application for advance payment of injury insurance is as "workers".Combining the basic theory and relevant legislative provisions of the labor law,we sort the concept of"workers" in theory and legislative interpretation and explain this statute connotation of the subject "workers' in the background of injury insurance in advance payment system.Combined with case,we analyze the qualification of three kinds of workers,which are illegal workers' employer,labors diagnosed with occupational diseases without related injuries programs and workers in labor arbitration and litigation.We are intended to explore the academic and judicial decisions in the dispute,and to put forward their views and reflection.After analysis and discussion,I believe that labors diagnosed with occupational diseases without related injuries programs and workers in labor arbitration and litigation have the qualification to apply for advance payment.The advance payment of industrial injury insurance system should be clearer with the main application range.The system should include the above three types of uninsured workers in the scope of the subject application.And we are looking-forward to promoting the advance payment system to be truly implemented in practice.