Research On The Right Of Recourse In Social Insurance Funds

China's "Social Insurance Law" establishes the right of recourse system in social insurance funds,including the right of recourse system in basic medical insurance funds and the right of recourse system in work injury insurance funds.It reflects the "Social Insurance Law" of the effective protection of social insurance rights of social citizens in accordance with law.This paper takes the right of recourse in social insurance funds as the research object.By analyzing the current legal regulations and implementation of the system,it explores the system's problems from the aspects of fairness and efficiency,and then in view of the problems found,we have put forward constructive opinions to improve the right of recourse system in social insurance funds and further promote the implementation of the system,so as to add to the maturity of the right of recourse in China's social insurance funds.This paper is divided into four parts:The first part is based on Article 30,paragraph 2,Article 41,and Article 42 of the Social Insurance Law,summarizes the concept and characteristics of the right of recourse in social insurance funds,discusses the legal attributes of the right of recourse in social insurance funds,and this system has the functions of ensuring the security of social insurance funds and realizing the interests of all parties in the legal relationship.The second part is an extraterritorial comparative analysis of the right of recourse in social insurance funds.It takes Germany,Japan,and Taiwan,which are relatively mature institutions as research objects,to analyze and evaluate the relevant legal provisions.The legal positioning of social insurance funds is clear,there are advantages and disadvantages to the work-injury compensation cooperation model,and the punishment mechanism is sound.The extraterritorial beneficial experience is worthy of reference for our country..The third part,on the basis of the national and local legislation that summarizes the right of recourse of China's social insurance funds,further puts forward the difficulties faced by this system,including the unclear positioning of the subject of the right of recourse,,unclear procedural rules in the process of recourse by social insurance agencies,the controversy of infringement compensation and social insurance,and the lack of punitive provisions of the legal liability provisions of each subject in recourse,which affects the realization of the value and function of the right of recourse.In the fourth part,in view of the above dilemma,I propose suggestions for further improving the right of recourse in social insurance funds,clarifying the positioning of thesocial insurance agency;and refining the relevant procedures of the social insurance agency in the recourse process were detailed,including improving the joint recourse mechanism,and setting up a third party reminder procedure;handling disputes arising from the parallel payment of infringement compensation and social insurance,including the use of a supplementary model for work injury compensation competition and improvement Medical insurance premium advancement and recovery system;strengthening the legal responsibilities of each subject in the recourse,including raising the standard of fines,combining fines with other punishments,and so on.