Research On The Right Of Recourse Of Social Insurance Fund

The nature and functional attributes of the right of recovery of the social insurance fund were established in 2011,and the issues such as the nature and functional attributes of the right attracted the attention of the academic circles,and with the passage of time,the development of various systems of this right has become more mature,and the role played has become more and more important,especially in the protection of the safety of the social insurance fund and the improvement of the social security system.In addition,as a right of recovery within the scope of social insurance,the beneficiary of the right is the laborer,which determines that the right to recover from the social insurance fund also has an important mission at the social level,so the development of the right to recover from the social insurance fund cannot be ignored.At present,although the right to recover from social insurance funds is quite mature compared with the beginning of its establishment,focusing on specific practice,it is undeniable that there are still areas for improvement in the right to recover from social insurance funds.Based on the optimization and development of the right of recovery of social insurance funds,this paper analyzes the shortcomings of the right to recover from social insurance funds on the basis of clarifying the legal definition of the right of recovery of social insurance funds,and analyzes the necessity of solving practical problems.In addition,the author focuses on the specific practical experience of representative countries,in order to seek the greatest commonality in the development of the recovery right of social insurance funds,summarizes it on the basis of China’s specific national conditions,and puts forward corresponding improvement suggestions for existing specific problems.This paper divides the study of the recovery rights of social insurance funds into five parts:The first part is the introduction to the article.This paper briefly explains the background and significance of this article.The research status of research on the recovery rights of social insurance funds at home and abroad was sorted out,and the relevant literature was sorted out,summarized and evaluated.In addition,the overall writing ideas and innovations of this article are introduced.The second part is a discussion on the basic theoretical issues of the right of recovery of social insurance funds.This part first highlights the essence of the recovery right of social insurance fund through the study of the concept of the right of recovery of social insurance funds and the comparison of related rights,so as to complete the legal definition of the right of recovery of social insurance funds.Secondly,the conditions for the establishment of the recovery right of the social insurance fund are discussed,and the research boundary of the recovery right of the social insurance fund is further clarified.The third part is an analysis of the current problems in the recovery rights of social insurance funds.It is concentrated in four aspects: the subject of the right to recover,the procedure for the right to recover,the competition for the right to recover,and the pursuit of rights.Firstly,the shortcomings of the relevant entities of the right of recovery are proposed,mainly including three problems: the legal provisions of the subject to be recovered are too principled,the setting of the subject of recovery is not uniform,and the lack of independent legal status of the subject of recovery.Secondly,it pointed out the unreasonable recovery procedures of the social insurance guarantee fund,mainly including the unclear limitation period of the social insurance fund’s right of recovery and the scientific setting of the specific links of the right of recovery.Thirdly,the competition and cooperation issues involved in the recovery rights of social insurance funds are analyzed,and the two parts of the dispute between social insurance compensation and tort liability compensation and the difficulty of preventing unjust enrichment under competition and cooperation are mainly discussed.Finally,the shortcomings in the recovery right of the social insurance fund are summarized,mainly including the imperfect accountability mechanism for relevant entities,the low setting of property penalty amounts,and the single type of punishment mechanism.The fourth part is a summary of the relevant experiences of major countries.Firstly,the specific practice of recovery rights of social insurance funds in the United States,Japan and Germany is investigated.Secondly,on the basis of summarizing the practice of extraterritorial recovery rights,the characteristics of the recovery rights of extraterritorial social insurance funds are put forward,and the enlightenment of extraterritorial recovery rights to China is summarized,so as to pave the way for the proposal of solutions.The fifth part is a proposal for countermeasures to solve the practical problem of the recovery right of the social insurance fund.First of all,it clearly puts forward the legal provisions on improving the subjects related to the recovery rights of social insurance funds,and it is necessary to make a detailed distinction between the subjects subject to recovery of social insurance funds,unify the establishment of social insurance handling institutions,and clarify that social insurance handling institutions are public institution legal persons;Secondly,to optimize the procedural provisions on the recovery rights of social insurance funds,it is necessary to clarify the limitation period for litigation of social insurance funds’ right to recover,and improve the setting of specific links of social insurance fund recovery rights;Third,by reconciling the competing issues between work-related injury insurance and civil tort compensation,improve the right of recovery of social insurance funds,and clarify the relationship between work-related injury insurance and civil tort compensation on the basis of the interpretation of the principle of loss compensation;Finally,improve the shortcomings in the punishment mechanism of the social insurance fund’s right to recover,clarify the legal responsibility of each subject in the recovery,increase the amount of penalty compensation,and introduce criminal liability.Through the above improvement measures,the aim is to improve the recovery rights of the social insurance fund,so as to achieve a higher level of security.