我国工伤保险追偿权的问题与对策探析

A Probe into the Problems and Countermeasures of the Right of Recovery of Industrial Injury Insurance in China

追偿权作为一种传统的民法制度,其主要根植于损失的可量化性,多见诸于连带债务等财产纠纷以及商业保险中的财产保险部分。近年来,随着我国社会保障体系的不断完善,追偿权开始逐步进入社会保险的视野。但是,现行法律对工伤保险追偿权的规定并不明晰,加之工伤保险作为典型的人身保险,其损失通常难以量化,这致使在工伤保险追偿权的行使过程中存在着各种问题。基于此,探析工伤保险追偿权的现存问题,进而通过完善追偿主体认定、完善配套制度等对策,以期实现工伤保险追偿权的广泛应用,确保对致害主体的责任追究,改善当前我国社会保险基金入不敷出、先行支付及追偿权制度范围模糊、程序不明等缺陷,以维护社会保险基金的资金安全,实现社会保障制度保障居民基本生存需求的根本目的。

As a traditional civil law system,the right of recovery is mainly rooted in the quantifiability of losses which is mostly found in property disputes such as Joint and Several Debts as well as the property insurance part of commercial insurance.In recent years,with the continuous improvement of China's social security system,the right of recovery has gradually entered the vision of social insurance.However,the current law is not clear about the right of recovery of industrial injury insurance,and the loss of industrial injury insurance as a typical personal insurance is usually difficult to quantify,which leads to various problems in the process of exercising the right of recovery of industrial injury insurance.Based on this,through counter-measures such as exploring the existing problems in the right of recovery of industrial insurance,improving the recognition of the subject of recovery,improving the supporting policies,it is expected to realize the wide application of the recovery right of industrial insurance and to guarantee to claim the liability of the subject of harm;to improve defects such as the social insurance inability to make ends’meet,the fuzziness of the scope of paying in advance and the system of recovery as well as unclear procedures in order to safeguard the safety of social insurance funds and to realize the fundamental goal of the social insurance system protecting the basic survival needs of the residents.