A Study On The Legal Issues Of The Advance Payment Of Work Injury Insurance Fund

In 2012,in order to better protect the rights and interests of workers at work-related injuries and ensure their timely assistance,China's social insurance law first stipulated a system of advance payment of work injury insurance fund(hereinafter referred to as "advance payment").Its promulgation established the right of the injured workers to apply for advance payment in accordance with the law,simplified the procedures for the injured workers to obtain relief,and provided relatively convenient relief for the injured workers.At the same time,the social insurance law gives the social insurance agency the right of recourse in accordance with the law,which makes the employer bear the ultimate legal responsibility for its own behavior.In addition,for the government,the advance payment system requires the employer to participate in the insurance and actively perform its functions,so as to urge the government to bear the responsibility and guarantee the operation of the advance payment system.However,due to the relative lack of legislative experience in China,the system of advance payment faces many obstacles due to the defects in the implementation process.Based on the provisions of the current law of China on the system of advance payment,this paper analyzes the relevant legislation,combined with the legislative experience of foreign countries,in view of the deficiencies of the system of advance payment in China,and puts forward suggestions for improvement.This thesis is divided into four parts:The first part,it mainly expresses the basic theory of advance payment.Firstly,it introduces the meaning of advance payment and analyzes its characteristics and types.It also points out the government responsibility theory,no fault compensation theory and legal creditor's rights transfer theory.Then,it expresses the desirability of advance payment of work insurance against injuries at work fund.The second part introduces the legal provisions of advance payment in Germany,Japan and Taiwan,and finally summarizes the experience of wide system coverage,sound fund guarantee mechanism,and relatively timely payment.The third part introduces the legislative status and existing problems of advance payment.In the part of legislation status,the author first analyzes the provisions of the social insurance law of China on the advance payment,and thenintroduces the perfection provisions of the Interim Measures for the advance payment of social insurance fund and the regulations for the administration of work injury insurance on the basis of the former.Based on the analysis of the above legal provisions,this paper points out that the system of advance payment has a series of problems,such as the narrow scope of application,the long procedure of advance payment,the difficulty in operation of recovery mechanism,and the risk faced by fund security.In the fourth part,aiming at the problems raised,some suggestions are put forward,such as widening the scope of application of advance payment of work injury insurance fund,simplifying the procedure of advance payment of work injury insurance fund,improving the mechanism of advance payment and recovery of work injury insurance fund,and improving the risk response strategies of advance payment of work injury insurance fund.