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

Fund of industrial injury insurance pays system to expand the safeguard scope of industrial injury insurance system first,make the worker that did not join to protect industrial injury insurance can enjoy treatment of industrial injury insurance likewise,this is the complement of system of general industrial injury insurance and perfect.At the legislative level,from the "Social Insurance Law" to the "Interim Measures for the Advance Payment of Social Insurance Fund" and then to the "Work Injury Insurance Handling Regulations" have been issued successively,the system is gradually toward refinement and improvement.However,from a practical point of view,combined with the statistical data released by the National Bureau of Statistics and the Ministry of Human Resources and Social Security,there are more than two-thirds of the labor groups in our country can not enjoy the treatment of industrial injury insurance,so the workers’ rights and interests of this part of the group need to be protected by the advance payment system.Research on the system of advance payment of industrial injury insurance fund,on the one hand,is helpful to provide more specific theoretical guidance for the review of advance payment and for the judge to judge such cases;On the other hand,the system can be implemented in practice,fully protect the rights and interests of the majority of workers,and maintain social justice,harmony and stability.This paper will study the system from four aspects by using the methods of literature analysis,data analysis and case analysis,based on the current legal norms in China and foreign legislative experience.The first part mainly discusses the theory.The system itself is analyzed in detail from the perspectives of its concept,characteristics,operation process,basic principles and value significance,and the necessity of the system in complementing and perfecting the industrial injury insurance system,safeguarding the workers’ labor rights and safeguarding social justice is expounded.The second part mainly analyzes the present situation and problems.On the one hand,based on the current legislative norms related to the system,this paper analyzes the problems existing in the legislative level of the system.On the other hand,it analyzes the specific implementation of the system in China from the perspective of case retrieval and analyzes the existing problems in the implementation of the system.Finally,on the basis of the analysis of the aforementioned status quo,this paper summarizes the problems existing in the implementation process of the system in China,such as the content of the legal norms is not unified,the rate of occupational injury insurance is too low,the application procedure of advance payment is too complicated,and the security of advance payment is difficult to guarantee.The third part is to draw lessons from foreign experience.By analyzing the relevant achievements of developed countries such as Germany,the UK and Japan in this field,the author obtained the experience of wide coverage of industrial injury insurance,high participation rate,convenient review of advance payment and safe operation of industrial injury insurance fund.The fourth part mainly puts forward suggestions.Comprehensive first pay of inductrial injury insurance fund in our country the problems existing in the system itself,and combining the system of foreign experience and the reality in our country judicial practice in the field of specific Suggestions,such as unified content of legal norms,through the rich sources of funding channels to increase the rate of inductrial injury insurance,simplified interim payment application process,improve the advance money security mechanism,etc.