Contract Ideology Of Social Security And Its Restructure

In today's world, social security seems to have been in difficulty. The excessive welfare in the West brings forward deficiency of incentives, inefficiency and bottleneck in payment. Chile's market mode, although bringing surprise to the world at first, has been in problems as well. And the social security system in China has many potential crisis due to its lack both in contract ideology and contract system. The author, through analysis hi this article, holds that one of the major causes incurring these problems is the lack of contract ideology or mistake in contract system.In fact, the theory of contract today has included many contents that differ from those in the traditional civil contract. It has concluded many development results in sociology and jurisprudence rather than the mere mutual consent in contracting based on equality and freedom. Those developments progress with the emerging of social law and therefore have some features that are in compliance with the concepts of social law. Specifically, the features are as follows: 1. The scope of contract freedom is limited with the strengthening of state interference; 2. Pursuing for virtue justice leads to set all relations and their development in accordance with trends in contract. 3. Embodying social standard with the change from abstract personality to specific personality in object and the rise from individual interests to social interests. 4. To protect interests of the weak by means of legal obligations which become the out contract regulations. The social security law shall, at the third scope of law, pay attention to the contract concepts because today's contract not only focuses on efficiency but also protect fairness. Both efficiency and fairness are two important illumination points in building up our social security system.The author gives a triangle mode for social security system to extend development scope for contract variety and show the features of social security law under social law.The relation between State and Individual is based on social contract and is the basic one in social security. Based on this contract concept, the right of Individual toward State and the social contract obligation of State toward Individual come into being. Such kind of social security is only in people's ideas. The final realization of State's social contract obligation depends on specification in basic law.The relation between State and Agency is a kind of administrative contract relation. State trusts the social security fund in contract to Agency and designates Individual as the beneficiary (Individual herein are the collective form of a group of individuals who have mutual ownership of trust interest. The trust herein is a kind of public interest trust in essence. Compared with the trust in traditional civil law, the obligations and rights parties in trust are greatly influenced by social law.The relation between Individual and Agency is a kind of civil contract relation, in which Individual trust privately capital in his own account to Agency. But such trust has some features that differ form the traditional civil contract and traditional trust because ofthe control and adjustment of basic law.This article, in final part, analyzes the liabilities for breach of contract of the parties involved. The author also explores the forms of liabilities and selective features of liabilities.