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

China's "Labor Law","Social Insurance Law" and other laws stipulate that employers are obliged to pay workers' insurance premiums for workers.When workers suffer work-related injuries,work or death,or occupational diseases,they can obtain financial compensation and assistance through the Work Injury Insurance Fund.It receives timely medical care to protect the vital interests of workers.However,in actual life,the employer has not handled the work-related injury insurance for the laborers according to law,which makes it difficult for the latter to have work-related injury claims and delay treatment.In response to this problem,the "Social Insurance Law" implemented in China in 2011 officially included the advance payment system of the work injury insurance fund,which provided institutional guarantee for the effective protection of the legitimate rights and interests of workers.Subsequently,the "Interim Measures for the Payment of Social Insurance Funds" and "Interim Measures for the Payment of Social Insurance Funds" The Regulations on Work-related Injury Insurance has been issued one after another,and the advance payment system has been further supplemented and improved.The thesis is divided into six chapters,an introduction,which summarizes the research background,significance of the research,research methods and main research contents.Chapter 2,the summary of the advance payment system of the work injury insurance fund,discusses the five themes of concept,classification,function,legal basis and necessity,and solves the basic theory of this paper.Chapter 3,Analysis of the status quo of the advance payment system of China's industrial injury insurance fund,first analyzes the status quo of legislation,including national unified legislation and local regulations;secondly,analyzes the implementation status,including fund income and expenditure and work injury insurance implementation,law enforcement and supervision The situation,the status quo of administrative litigation,and the case study of Jilin Province.Chapter 4,China's industrial injury insurance fund has a deficiency in the advanced payment system.In combination with legal principles and cases,the scope of the application subject is too narrow,the application conditions are harsh and the standards are not uniform,the provisions of the third party are flawed,the recovery mechanism is not perfect,and it is easy to cause There are problems with the analysis of existing systems in terms of fund security and moral hazard.Chapter 5 introduces and draws on the advance payment system of extra-territorial industrial injury insurance fund.It mainly analyzes the existing systems in Germany,Britain,Hong Kong and Taiwan,and provides reference for the advance payment system of China's industrial injury insurance fund.Chapter 6 is to improve the countermeasures for the advance payment system of the industrial injury insurance fund.In response to the series of questions raised above,the scope of the application subject is extended,the application criteria are standardized,the provisions of the third party are clarified,the recovery mechanism is improved,and the security risks of the fund are reduced.The aspect proposes a sound countermeasure.