Research On The System Of Advance Payment From Work Injury Insurance Funds

In 2011,the Social Insurance Law of the people's Republic of China(the Social Insurance Law for short)established the advance payment system of the work injury insurance fund to let workers get help on time.But due to the immature system,unsatisfactory implementation effects and the lack of in-depth research,studying the advance payment system is very necessary.Through analyzing the current situation of the advance payment system,this paper finds out some problems about the application process,the payment range,the recourse mechanism and the remedy approach of the advance payment system.Under the principle of efficiency first,fairness and ensuring the safety of the work injury insurance fund,the time limit for applying of the advance payment one year is came up in the legislation and the payment range is unified.Suggest the government fulfill its duty to introduce the enforcement regulation,give more financial support to ensure the safety of the work injury insurance fund and promote the steady development of the advance payment system.Except introduction and conclusion part,this paper is divided into four parts:The first part illustrates the general theory of the advance payment system,including the basic concept,the types and the theoretical foundation of the system.The second part combs the current situation of the advance payment system.Introduce the legislation situation,including local legislation stipulation.Analyze the enforcement situation of the advance payment system,emphasizing the introduction of administrative proceeding and the practice of Chongqing area.Demonstrate some problems of the system itself,including the strict standards of applying,the cumbersome application procedure,the single mode of the recourse mechanism and the overlapping problems about other parts.The third part is mainly about the extraterritorial advance payment system.Introduce the practice of German and American,and learn some useful experience form the extraterritorial,letting the application procedures easier,the fund safer and the range wider in the advance payment system.The fourth part puts forward some suggestions to improve the advance payment system on the basis of the above.Come up with the basic principle of the advance payment system design and the frame of the system.Strengthen the government responsibility,improve the payment procedure and other five aspects.Unify the range into medical fee,regulate the time limit for applying and conceal the preconditions of injure accident certification to realize the original intention,rescue in time,of the advance payment system.