Laborer Social Insurance Right Legal Relief Predicament And Path

October 28, 2010 the concern by "social insurance law" of the 11th National People's Congress the 17th session of the standing committee. As a basic livelihood is the important system arrangement, in paying insurance rights and civil society and citizens share the fruits of development, but also put many deep problem pushed the frontiers of the reform. In reveal and ascension of basic human rights safeguard power, and strengthen national responsibility, etc., all reached an unprecedented new height, fully showing the social law notice "humanistic care" features and philosophy. In the meanwhile, legislative achievements sure we should see "social insurance law and related legislation on the farewell dinner" people-oriented "concept, implement government still has responsibilities may continue to perfect space. Especially in social insurance right legal remedies this respect, "social insurance law for social insurance disputes stipulated the labor dispute (mediation, arbitration and litigation), administrative reconsideration or administrative proceedings several relief way, this regarding the social insurance rights shall obtain legal relief way, it is not very full. Because of the social insurance has the right to social rights features and its relief way should also corresponding diversified, such as China should establish a social insurance fields litigation system and litigation mode; unconstitutional censorship To provide legal aid to the plaintiff; In "criminal law" adding and harm social insurance system matching charges, etc. This paper is emphatically analyzes the social insurance right legal remedies and how to perfect the predicament of makes a beneficial exploration.This article in addition to preface and epilogue outside is divided into five parts:The first part: first to laborer social insurance rights are summarized: social insurance, and the right of the development process is analyzed and the causes of the statement, Second is the nature of social insurance right to analyze social insurance right is one of the social nature of existence; Finally the characteristics of social insurance right is analyzed.The second part: firstly analyzes the social insurance right legal relief workers the frame, and the status quo, this paper points out the problems of social insurance right legal relief workers, either by way of the administrative reconsideration program is solved, either through civil (labor) dispute program to solve. Second is according to social insurance legal relationship, and the special properties of the administrative reconsideration and civil (labor) dispute resolution mechanism itself, points out the shortcomings of the current our country laborer the plight of social insurance right remedy.the end it points out that at present in China caused by social insurance right dilemma employee causes. Clear pointed out that our country legal remedy system is imperfect, the allocation of the burden of not perfect, and China have not established litigation forms of unconstitutional reviewing system.The third part: this section emphatically study foreign laborer social insurance right legal relief characteristic. Especially for Germany's social insurance right legal relief analyzed the characteristics of the world, Germany is the establishment of a social security system for this nation, through the study of the system of the advanced countries, with China plus comparison of social insurance system, absorbs the German social insurance system, to make up for the strengths of the social insurance system of our country, to improve our lack of social insurance system points out the clear direction.The four part: this part is to the country's new "social insurance law" the legal relief system is perfect and reconstruction, new social insurance law in social fairness and justice, law relief and other issues still need to improve, this part mainly foreign advanced experience, to social insurance right now with our country legal relief insufficiency, public interest litigation system originated from ancient Rome, matured in America, Japan and other countries. The system of review of violating, our country also has, but no way to exercise in action. The new "social insurance law" the legal responsibility of provisions in the criminal responsibility, the author thinks that this is only an "out" clause and too sweeping, operability is not strong. In evidence rules that should change that "who claims, who the burden of proving damage." Principle, social insurance law relationship is not symmetrical, laborer are at a disadvantage, is not to laborers. To set up new social insurance disputes, to better safeguard the rules the lawful rights and interests of laborers. Workers are at a disadvantage, legal aid for laborer is "urgently needed", perfect the legal aid system, to ensure laborer is social insurance rights. In foreign advanced system and on the basis of constructing the multi-agent rights protect cells.