On The Advance Payment Of Industrial Injury Compensation In China

As a system guaranteeing the employee who suffers industrial injury to obtain the rights and interests of work-related injury insurances,the Advance Payment of Industrial Injury Compensation system has been established for about six years.Any system would be mature after the six-year development,but not like the Advance Payment System which is still difficult to implement since its development.There are many problems occurring in the progress of implementing the system,thus failing to achieve the original purpose of establishing this system.The direct reason lies in the imperfect legislation and the fundamental reason lies that the background of establishing the system makes the system hard to take root.As for the contents,the implementing conditions and procedures of the Advance Payment System,our legislation is not perfect,leading to two major problems:one is that the employees who suffer from industrial injury are still unable to gain the compensation timely,and the other is that the industrial injury insurances agencies adopts a negative attitude towards the advance payment,the former fails to realize the goal of establishing the system and the latter demonstrates a set of obstacles existing in the implementation process.Those problems make the Advance Payment System hard to implement.The three aspects of reasons,mainly the unsound system basis,unreasonable system design and imperfect system guarantee mechanism,can be found.Compulsory participation in industrial injury insurance is one of the fundamental conditions for the state to implement the Advance Payment system.Low coverage rate of the industrial injury insurances not only puts the pressure on the industrial injury insurances funds,but breeds lots of illegal acts which would endanger social stability.As the main part of Advance Payment System,the contents and design of the system have flaws,which mainly presented as like:when the employees who suffer industrial injury apply for advance payment,it is difficult for them to produce evidences and the long duration from the happening of industrial injury to the applying.For-the employees,in fact,the long-period and high difficulty system cannot achieve the goal of protecting the rights and interests of the employees,and the fundamental cause lies in the unreasonable starting conditions of the advance payment and the evidences producing liability,i.e.,starting conditions classifying two kinds of liability bodies who do not need to pay produces concurrence in the practice,thus difficulties occur.The system requires the advance payment applicants to meet the requirements of the evidences producing liability,which put more pressures upon the employees who are at disadvantage,resulting that the employees who originally meet application requirements are unable to apply for advance payment,which means the value of this system cannot be realized.As the fund guarantee mechanism,the effectively implementing of recovery system plays a crucial role,however,the our legislation and administrative enforcement insufficiency makes it difficult for the industrial injury insurances funds to pursue the recovery right to the employing organizations and the third parties,as while,industrial injury insurances funds pay the rights and interests of industrial injury insurances to the employees in advance without receivingthe aforesaid fund effectively,which seriously threatens the stability of the industrial injury insurances funds.And as the main part of pay the rights and interests of industrial injury insurances,the safety of industrial injury insurances funds also reversely affects the stable implement of the whole advance payment system.Based on the essence theory of social insurance,the nation should guarantee every citizen the right of receiving social security,and should guarantee every employee the right of receiving the protection from industrial injury insurances,therefore,strictly implementing the industrial injury insurances compulsiveness is necessary and obligatory.With respect to the contents and design of the advance payment,combined with the inner value of the system,the perfect of the current system needs to focus on the timeliness of advance payment.In addition,in terms of maintain the safety of the industrial injury insurances funds,besides perfecting administrative legislation and enforcement,introducing the criminal legal norm is also needed,thus representing state public power.Wish the Advance Payment System will be perfected and operate in a good way without failing to achieve the original purpose.