The Legislative Sdudy On The Management Of Social Security Funds In China

This thesis studies the construction of social insurance funds legal system on the bases of the combination of theories and practices, using law and economic theories.The thesis is organized in introduction and 5 chapters:In the introduction, it introduces the significance of choosing the subject, research purpose and methods. giving the main achievement of study on social insurance funds legal system.In the first chapter, the author give a overview of the social insurance system. Analyses the background which leads to the emergence and development of social insurance legislation. It approaches the ideas which support the foundation of social insurance legislation.In the second chapter, after introducing the social insurance funds in China, the author gives some questions, such as short of laws, laws couldn't cater our need . social insurance system is based on the legislation of social insurance. After the reform and open, our country has carried many legislation about the management of social insurance funds, but for all the rules, many question in our country still couldn't be solved. Since the State Council issued the Resolution on the Establishing the System of Basic Medical Insurance for Workers in Urban Areas, though the reform has made some achievements, there still exists some problems ,the field of application is too shallow, the methods of financing should be further improved, the legislation of medical insurance should be made to assure that the value of funded pooling will be maintained and increased.In the three chapter , the author talk about the law about how to raise money and use the money to invest. according to the author , in order to raise more money, the country should make rule to rise the rate of social insurance fee, make sure how to change the State-owed assets to social insurance funds. besides, we should set up the finance budget law which make sure the increase of finance budget to insurance funds. if it is need, we can change the social insurance fee to social insurance tax, use the legislation tool to raise insurance money. Except adhering to the general principles of social insurance legislation, the legislation of pension insurance should comply with the particular principles.In the forth chapter, the author talk about the law about how to manage and supervise the funds. in this chapter , the author studies the legal system of social insurance administration. suggesting set up a social insurance management association, of which the members should be chosen from the department of finance , labour and social insurance and person. The legislation of the social insurance administration should adhere to the principles as follows: integrating the centralized policy decision into dispersed management; separating the government administrative organizations from the operating organizations; making the social insurance administration socialized.