社会保险基金追偿权研究

On Recourse Rights of Social Insurance Fund

追偿权制度在民法中主要用于解决多数人债务中先履行债务人与其他债务人之间的内部利益均衡问题。社会保险基金追偿权是追偿权在社会保险法中的运用,其具有由社会保险经办机构代为行使、以社会保险基金先行支付为前提、既有求偿权也有代位权等法律特征。社会保险基金追偿权的正当性根植于实现社会保险制度永续发展和社会保险法律关系各方主体的利益在社会整体层面的均衡,并且人身损害中存在着可用金钱进行衡量的纯粹财产性损失。目前,我国的社会保险基金追偿权的立法规定和实际运行仍然存在着权利主体地位和法律责任不清晰,权利行使规定与程序不明确,工伤保险基金先行支付的范围过窄等问题。为了更好地发挥社会保险基金追偿权的作用,完善相关制度,

In the civil law area,the right of recourse is mainly used to solve the problem of balancing the internal interests between the debtor obligated to perform the debt first and the other debtors.The right of recourse of social insurance funds is exercised by social insurance agency,based on the prepayment of the social insurance funds and contains the right of claim and the right of subrogation.It is the application of the right of recourse in social insurance law area.Its legitimacy is rooted in the requirement of sustainable development of social insurance system and the balanced interests of all parties in the legal relationship at a general level.In addition,the damage caused by personal injury behavior also includes the loss of pure property interests.At present,the legislation and actual operation of the right of recourse of social insurance funds in our country still exit the following problems.The status and responsibilities of the subject of the right are not clear.The procedure for the exercise of the right is not concrete.And the situation that the work-related injury insurance funds pays in advance and exercise the right of recourse is too limited.In order to make the right of recourse of social insurance funds play a better role and improve the relevant system,the right of recourse of social insurance funds should be reconstructed at the legal level.