Research On The Mechanism To Resolve The Dispute Concerning Social Security In China

The dispute of social security is a kind of dispute concerning social security right andduty. It happens during the process the parties fulfill his right of social security. In chinacivil process and administrative process is applicable in solving the social securitydispute. At the same time arbitrary is necessary to the above process, civil process andadministrative process. This mechanism results in lower efficiency, is not fit for thepurpose to protect the social security right of the parties. The following is responsible forthe above mechanism: one is history, the other is theory. In a very long time law isdivided into public law and private law, social law can not been admitted, including thesocial security law, which is simply considered as public law or private law.Modern theory of law divides it into public law, private law and social law. Social law isbetween public law and private law. It protects social interests and stability. Socialsecurity law is the most important representative to social law, which is obviouslydifferent from public law and private law. The right and relationship of social security isalso sole. The relationship of social security is an ambulation of equality and inequality.The right of social security is a kind of social right. It is different from the public rightand private right. It is necessary to study theory, but more importantly is applicable to the practice. Nowlet us learn some experience of foreign countries, especially Europe. Most countriesestablish social court or labor court. They can apply simpler process in order to solve thesocial security dispute in a short time. The mechanism is fit for the development of thetheory and the purpose of the social right. It is worth learning for us. The ruling of law is the ultimate purpose to all countries in the world. I think it isessential to us to insist on the ruling of law during constructing our own mechanism toresolving the dispute concerning the social security. We should insist on governing ourcountry by the social law in order to protect basic civil right. This is developing with thedevelopment of social country. To us the following must be insisted, the first is that wemust allow the party to select the way to resolve the dispute happening to them on hisown willing, the second is that we must set up social court to especially resolve the alldisputes concerning the social security.