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

As an important complementary to China's original industrial injury insurance system,since the establishment of the system of advance payment from industrial injury insurance funds,it has been widely concerned because of its focus on the protection of workers' rights and interests.However,in the process of its implementation for eight years,the system has not been widely implemented due to its own defects and constraints of practical conditions.It is difficult to achieve its legislative intention of providing timely medical security and relief for injured workers,while it has caused a lot of disputes,leading to many related lawsuits.Therefore,there is an urgent need to analyze and summarize the problems and of the system,and improve it accordingly.In the practice of work injury insurance fund advance payment system,through the research of relevant legal rules,implementation and related judicial cases,it is found that the system mainly has defects such as inconsistent laws and regulations,unreasonable provisions of application subjects,strict application conditions,difficult to guarantee the safety of the funds and inadequate performance of related administrative functions,which seriously hinders the implementation of the system and the realization of its legislative purpose.In order to explore the solutions to these defects,the overseas experience that can be used for reference by the system of advance payment from industrial injury insurance funds in China mainly includes: the broad range of the coverage of industrial injury insurance,the compulsory payment of industrial injury insurance fees,a high participation rate,the convenient advance payment procedure,the perfect guarantee system of advance payment fund,etc.The improvement of the System of Advance Payment from Industrial Injury Insurance Funds in China can be made in the following aspects: First of all,in terms of the provisions of the application subject,the employers should be excluded from the application subjects,and injured workers in illegal employment should be included.Secondly,in terms of the application conditions,the requirement of injury identification should be canceled to simplify the application procedures.Thirdly,in terms of the guarantee of advance payment funds,we should establish a special fund,strengthen the recovery to ensure the safety and stability of the funds,and strengthen the compulsory payment of industrial injury insurance fees.In addition,theGovernment's Guarantee of the System of Advance Payment from Industrial Injury Insurance Funds should be strengthened,and the methods of judicial handling of related cases should be unified.