On Legal Issues Of Management For Social Insurance File In China

In the process of social insurance implementation during the years in the past, the social security system is developing continuously, meanwhile, various ranks of social insurance organizations have accumulated a large number of files and materials. Social insurance archives are a kind of special files, which are required to be registered, collected, managed and applied by the society insurance organizations. The social insurance files are not only the important certificate for enterprises and individuals who involve in the process of social insurance, but also an important record that records the process of establishment, development, perfection of social insurance. Along with the extension of social insurance coverage, the construction of social security system has deepened and developed as the growing scale of files, which require the social insurance management must be improved continually. Only scientific management of social insurance files is able to adapt to the demands of the development of our society and guarantee the legal rights of the members of society, practice the concept of serving people and protecting people for the whole life.The whole thesis is divided into five parts. The first part is the introduction. The second part is the related basic problems of social insurance files. The third part is the legal status and responsibilities of social insurance files management agencies. The fourth part is the basic legal system of social insurance files management. The fifth part is the legal responsibility system of social insurance files management.The first part of this thesis introduced the theoretical significance, practical value, literature review and research methods. In the second part, this thesis discussed from the relevant basic theories of social insurance files, concluded and explained the definition and characteristics of social insurance files, illustrated the main content of social insurance files from the endowment insurance, unemployment insurance, medical insurance, injury insurance, and maternity insurance. In social insurance files management mode, this thesis argues that the coexistence of the written records and electronic files will exert better function of social insurance files management role, by the analysis of advantages and disadvantages between written files and electronic archives, combining the comparison and analysis of the current situation of social insurance files management in our country. This thesis verified the foundational status of social insurance files after the analysis, and exemplified the important functions of social insurance files in social insurance development, government decision-making, serving the citizens, safety of social security fund and the affairs of letters and visits.In the third part, this thesis focused on the legal status and responsibilities of social insurance files management institutions. Combining the state regulations, this thesis clarified the organizations of social insurance agency are social insurance files management institutions, and positioned the legal status of these institutions. This thesis discussed the authority and responsibility of the institutions of social insurance management, concluded the relationships of the social insurance files management with social security administrative department of human resources, the archives administration department, the tax administrative department and the community management department respectively.In the fourth part, this thesis explored the basic law system of social insurance files management. The discussion was separated from the regulations of social insurance registration and filling, the regulations of archive storage, the regulations of usage of social insurance files management system, and the fundamental legal liability of social insurance files management system, looking for their problems from these four dimensions, and put forward the suggestion for improvement.