Improvement On China's Advance Payment System Of Work Injury Insurance Fund

In practice,there has been the difficult situation that employees' rights of employers are uninsured,workers infringed on difficult to claims from the third person,injured workers after a long and arduous period of legal proceedings and claims nowhere,delaying medical and rescue issues.In 2011,the issue of the "Social Insurance Law" from a legal perspective established the system of work injury insurance fund paid in advance,which run by the social insurance agencies to meet the statutory requirements of the injured workers by paying in advance.It simplify the administrative procedures and save the time of injured workers to be provided timely medical assistance,and further implement the legislative purpose of social insurance law.Meanwhile,the "Social Insurance Law" also gives social insurance agencies the right of recourse against uninsured employers and third party infringing rights,and strengthen the social security relief function and security function,reflecting the theory of distributive justice and social justice,is a rule of the industrial injury insurance supplement and perfect,innovative field of social insurance.However,since the establishment of China's social insurance system is still in the early stage,lack of experience in legislation and practice,advance payment system itself inevitably exists some flaws in the legislation.Since the five years of promulgation,some workers benefit at the same time,there have been some problems,so there are places you can improve and supplement.Therefore,further analysis and research work injury insurance fund in advance payment system will not only help to improve the existing system of advance payments,but also to promote the advance payment system and implementation,and to play its proper value.Based on the "Social Insurance Law" and "social insurance fund has paid in advance Interim Measures," for advance payment system regulations to advance payment system for the study,analysis of current legislation,the status of implementation,combined with legislation extraterritorial countries (regions) and implementation experience,to advance our payment system flaws,make constructive suggestions.There are four parts in this thesis:The first part overviews the basic principles of work injury insurance fund has paid in advance in the system,basing on the "Social Insurance Law" Article 41,42,and describes the work injury insurance fund has paid in advance the meaning and type of system;then analyses the nature of the industrial injury insurance fund has paid in advance system,and comparing with the civil law of the right of subrogation,the State Compensation Law in Advance payment system and insurance law subrogation system,obtains the legislation principle of advance payment system.Meanwhile,it points out work injury insurance fund has paid in advance the social with assistance system functions and social security,which is to ensure social security rights of workers,and provide a final remedy for workers no way to claim.The second part describes the status of work injury insurance fund has paid in advance and deficiencies of the system.In the analysis of the provisions of the "Social Insurance Law",the "Interim Measures"and "industrial injury insurance regulations," the relevant advance payment system,to find out the work injury insurance fund has paid in advance the inadequacies of the system.The main application scope is too narrow,eligibility criteria is unscientific,recovery mechanism is not perfect,the third person causes injury and damage to the defective provisions is not perfect,and under the existing provisions of the fund has paid in advance will lead to safe,ethical and legal multiple risks.The legislation itself or issues raised in practice are for the implementation of the industrial injury insurance fund has paid in advance the system to achieve its legislative purpose create obstacles,not conducive to the advance payment system sustainable operation.The third part introduces the work injury insurance system contrasting with extraterritorial other countries and regions.In Germany,UK,Japan and Taiwan,there is no clear legislation on work injury insurance fund in advance payment system,but the system designed to protect the rights and interests of injured workers is more mature,has also been quite a long time to run.On this basis,the characteristics of extraterritorial injury insurance system are summed up.It has broad coverage,fund recovery mechanisms,the collection and recovery of funds and mandatory fund relatively timely and so on.Our work injury insurance fund paid in advance system is defective in the legislation system.With running the risks and challenges are coming up,we can refer to relatively mature system in other countries and regions.The fourth part,after analysising the principles of the system of legislation of the industrial injury insurance fund paid in advance,the status of implementation,something insufficient at this stage,comparing to similar protection system of advance payments made for workers in other countries and regions,improves the system of recommendations.First,the workers in illegal employer should be involved into the scope of protection of the advance payment system,applyment in advance payments needs procedural norms,clear the scope of the third person.Second,reduce the risk of the fund has paid in advance;improve the recovery mechanism,set up special funds to expand the scope of the insurance,finally strengthen the responsibility of the government.This article focuses on innovation and that departing from the current legislation related injury insurance fund in advance payment system,theory and practice put in together,linked to the status of implementation of the.systems in other countries and regions,the advance payment system of legislation we put forward to proposals of the advance payment system of legislation to improve the system.