Research In Legal Regulate Of China Social Security Fund

Concerning the masses vital interests, the safety of social security fund and its maintenance and appreciation of values, as people's livelihood issues, are got public concern and close attention from factions of scholars. In a sense, the core of the whole social security system is social security fund and the actual operational process of social security system is about social security fund's raise, management, payment and investment. The establishment of our country's social security system is very late, In 1980s, academic circles mainly study the management and operation of social security fund from the standpoint of economics. Some problems concerning social security fund's safety and its maintenance and appreciation of values are not brought into the vision of legal research until the late 1990s. Therefore our academic circles'analysis and research to social security fund, is not mature at all. At the present stage, no matter from the view of legal system's scientificity and rationality or comprehensiveness and systematicness to the research of legal theory, this subject is still in the booming development period.Considering the current situation of social security fund's management and operation, social security fund is diverted, invaded and illegal invested, and the corruption is quite common. As social security fund's safety is infringed very often, its function for maintaining and appreciating values is not realized well. In recent 20 years, the loss caused by illegal diverted and high-risk investment of our country's social security fund is more than 100 million RMB.A variety of reasons cause this problem, in which the imperfection of social security fund's regulatory system and legal system is involved. In order to minimize the hidden peril in social security fund's safety, optimize its investment structure, and properly handle the huge pressure from aging population in China, author deems that it is required to strengthen the supervision and management to social security fund, intensify its safety and improve its competence in maintaining and appreciating values. Author comprehensively uses a branch of knowledge such as jurisprudence, economic law and legislative science to analyze and demonstrate this problem and meanwhile synthetically using historical, comparative and empirical analysis study the existing situations and problems in social security fund's supervision of China. In the end of this paper, author tentatively brings forward some suggestions for perfecting our country's legal system on social security fund's supervision.There are four parts in this thesis. The general theory on social security fund's supervision is introduced in the first part, in which its concept, character, is included. Confirming the foregoing is the prerequisite and foundation to study social security fund's supervision. In the second part, it elaborates the current legislation and problems in our country's supervision to social security fund. The third part comparatively analyses its supervision methods in other countries, some useful experiences and its inspiration to our own country. Aiming at the actual problems and considering these experiences, the fourth part has tried to bring forward some suggestions to perfect our country's legal supervision to social security fund.