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Lin Jia: The Right of Recourse of Social Insurance Funds

Abstract: 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 debtor. The right of recourse of social insurance funds is exercised by social insurance agency, based on the prepayment of the social insurance funds and the 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 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 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.

Key Words: Social Insurance Funds; Right of Recourse; Payment in Advance; Legal Assignment of Creditors Right

(Editor: Liu Xiaoling)

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