《社会保险法》实施十周年工伤保险发展情况

Research on Issues Concerning Revision of the Work Injury Insurance in the"Social Insurance Law"on the Tenth Anniversary of its Implementation

《社会保险法》颁布实施是我国社会保险制度发展进程中重要里程碑事件,有力推动了各项社会保险制度在法治化轨道上健康发展。《社会保险法》实施十周年来,我国工伤保险制度体系逐步完善,保障人群不断扩大,保障水平稳步提升,制度运行平稳,充分发挥了保障工伤职工权益、化解用人单位风险的积极作用。但随着法律实施,有关先行支付、第三人责任赔偿和工伤保险赔偿竞合、基金支付范围以及用人单位工伤责任分配等问题也日渐突出。在我国新就业形态大量出现、国家机构改革等新形势下,工伤保险制度需要有新的变革,也要求修订《社会保险法》给予支持。基于制度实践,建议《社会保险法》未来应当更加聚焦制度发展指导原则,修改统一与《工伤保险条例》表述一致,并调整完善相关条款内容。

The promulgation and implementation of the"Social Insurance Law"is an important milestone in the development of Chinese social insurance system,which has effectively put the development of various social insurance schemes on the track to the rule of law.With the"Social Insurance Law"implemented for ten years,work injury insurance system has been gradually improved,the number of people covered under this system continuously expanded,the level of compensation steadily raised,and the system operating smoothly,which play a positive role in protecting the rights and interests of workers with work-related injuries and resolving potential risks for employing units.However,in the process of the implementation of the Law,issues related to advance payment,third-party liability compensation,the scope of fund payment,and the distribution of employers work-related injury liabilities have become increasingly prominent.Under the new circumstances of the newly emerged forms of employment and the reform of national institutions,the work injury insurance system needs new reforms,and the revision of the"Social Insurance Law"would be conducive to it.Based on practices experienced in the system,the"Social Insurance Law"should be focused more on the guiding principles of development for the system,and be revised so as to be consistent with phrases expressed in the"Work Injury Insurance Regulations",and the content of related provisions in the Law should also be adjusted and improved.