The Research For Social Insurance Dispute Processing Mechanism

Social insurance system has entered the national social life currently, however, the complexity and the payment obligation of social insurance brings insurance agency enormous pressure on the functions. In order to maintain long-term stability of social insurance, agencies are responsible to collect premiums, and the insurants have the right to request the insurer to pay insurance benefits when accident happened. Such a monetary system involving the collection and payment will inevitably lead to social insurance dispute about the parties involved. There exist significant problems in Chinese settlement mechanism of social insurance dispute, not only in theoretical but also in practical. In practice, the insurants are incorporated into the labor dispute settlement mechanism. Using labor dispute settlement mechanism to handle social insurance disputes is wrong because they are irrelevant. Therefore, we needs to clarify the distinction between social insurance disputes and labor disputes, so that to explore the mechanism for social insurance disputes, and to improve and refine the processing to adapt to the social insurance dispute. Obviously, this research will related to the profound area of Chinese social insurance law, which has a significant meaning in resolution of Chinese social insurance disputes. The research includes the following five parts:I. The definition of social insurance disputesThis research define the social insurance disputes from three aspects. Firstly, though defining the methods of social insurance disputes to introduce the topic and differentiate it from labor disputes, in order to achieve the division of the disputed objects and types. After clearly demonstrate the social insurance dispute, this research analyzed characteristics of disputes from two aspects. On one hand, it deals with the characteristics of the dispute, in order to make a difference between social insurance disputes and a civil dispute;on the other hand, it deals with the characteristics of different social insurance disputes within itself.II.The definition of social insurance dispute and the selection of processing mechanismSince the social insurance dispute happened, it is necessary to explore the settlement mechanism of the dispute. Based on the selection of dispute settlement mechanism, this research discusses different dispute settlement mechanism and explores the rules, and then draws the conclusion that "dispute about the characteristics of public law should choose the public law handling mechanism".By analyzing the subjects of social insurance law, as well as specific legal relationship between the subjects, we can draw a conclusion that the legal relationship of social security insurance is public law relationship, and the legal relationship between social insurance and social insurance law disputes are synchronized, so that the social insurance dispute is a public dispute. Dispute about the characteristics of public law should choose the public law handling mechanism, and the characteristics of the social insurance also determines the selection mechanism.III. The Chinese practical investigation on the social insurance dispute settlement mechanismIn this section I will demonstrate it from a practical point. At present, China maintains a dual track system to handle social insurance disputes. That is, according to different subject, it is divided into social insurance labor dispute settlement mechanism and social insurance administrative dispute settlement mechanism. Although dual track system is a product of the development of history, the social insurance dispute and the labor dispute settlement mechanism has irreconcilable conflict, only the social insurance administrative dispute settlement mechanism fit the requirements of the social insurance dispute. In fact, the social security administration dispute settlement mechanism itself is also problematic, because although the Administrative Procedure Law (Amendment) stipulates a special provision for social insurance dispute, it isn't put into practice, which leads difficult to inspect its practice situation. Therefore, this research take administrative review as example, to analysis the problems in social insurance in administrative review in institutions, procedures and the litigation relationship.?. Investigation on foreign social insurance dispute settlement mechanismHaving analysis the problems of the Chinese social insurance in administrative review, this research will centered on these issues, and explore the extraterritorial "independent social insurance dispute settlement mechanism mode" and "into the administrative dispute settlement mechanism mode", and analysis the relationship between its institution, procedures and litigation relationship. Though comparing foreign counties condition, I hope these practice can give inspiration and reflection on Chinese social insurance dispute settlement mechanism.?. Taking improved object to perfect China's social insurance dispute settlement mechanismIn the process of improving the administrative review, we should based on the Chinese practice and foreign experience to perfect Chinese administrative review. First of all, to improve the review agencies. Through comparative analysis, to make clear its position aims to oversight power and resolve disputes simultaneously, and based on strengthening its capacity to make sure the transfer mechanism. What's more, to improve the review process. To correct social insurance review processes, the burden of proof,and to analyze the rules of procedures for the operation and reconciliation hearings in order to achieve the requirements of the social insurance dispute. Finally, the relationship between social insurance administrative review and litigation,I prefer to choose freely. The reason is that the situation of the rule of law is not ideal at the moment and the administrative litigation rate is relatively low, therefore there is no need to require a administrative review to reduce social insurance litigation.