Study On Decomposition And Reestablishment Of Governmental Responsibility In Chinese Social Insurance System

Now Chinese social insurance system is facing unprecedented difficulty, putting thegovernment into a plight of responsibility. From the author's viewpoint, the state andgovernment play important role in social insurance because of their crucial status. It isnecessary for the state and government especially to control the extent of theirresponsibility in social insurance system, otherwise such a plight would occur and furtherendanger the social insurance system. In history, China had adopted the standard ofnational interest, causing the administration to be the most important and bringing aboutmany malpractices in social insurance system. Although China is now determined todevelop new types of social insurance security, the government would not adopt thestandard of social interest in its effort to build a new administration of social insurancesecurity, which inevitably results in such a plight of governmental responsibility.Currently, such a plight can be described as" the government did not do what it issupposed to do" and " the government still controls what it should abandon". Thisdissertation is based on the methodology of " problem-analysis-solution". Studying partlyby comparison in case analysis, the author uses theories in social law and administrativelaw. By analyzing and researching, the author wishes to set forth some beneficialsuggestions to the issue of to what extent the government should take the responsibility inChinese social insurance system.The dissertation consists of four parts, which are the foreword and chapter one to three.The problem is introduced in the foreword.The first chapter has two sections. The first section gives a description about the crisis inChinese social security system and the plight of responsibility that Chinese government isencountering, on which the related theoretical analysis is based in the second section.The second chapter is composed with three sections. Two reasons are given to decomposegovernmental responsibility in social insurance system. Firstly, the government should doso when it has shared too much responsibility; the second reason is the emergency of thethird sector. It goes without saying that the third sector should take the responsibility thatis supposed to be taken by these representatives of social interest. The second sectionanalyzes the third sector from the perspective of legal theory, beginning from a brief andsystematical discussion to "the third legal field" to give theoretical support to the thirdsector from the viewpoint of social law. Then the third sector is oriented in socialinsurance system. In the third section, the legal theoretical basis is introduced for thedecomposition of the governmental responsibility in social insurance system, which areprimarily from administrative law and social law.The third chapter contains two sections. The first section descripts two different socialinsurance modes in Britain and Chile, on which a simple analysis also is made. The authorstudies comparatively the inner mechanism of these two developing modes. In essencesuch a comparative study is to exclude some paths of development and use theirexperiences for reference for the reconstruction of governmental responsibility in chinasocial insurance system, which settles the basis for the legal reflection in the secondsection on the reconstruction, taking Chinese present situation into consideration at themeantime. Some specific legal suggestions are also put forward in the second section.