Research On Several Questions Of Our Country's Social Insurance Law

《Decision of the CPC Central Committee on improving the socialist market economic system a number of issues》emphasized on speeding up the constructing of social security system what suit to economy level of development. As pillar of social insurance system, Social insurance system's place is increasingly remarkable. Social insurance also called social welfare insurance, it is a kind social security plan ,which is enacted by nation in order to supply material help to workers who may be loses the source of income to be old, to be sick, reason and so on birth, disability, death. At present, our country social insurance legal system has many contradictions and the question in the practice movement, in the certain degree has affected the socialist market economy construction. This kind of condition has received the more and more many scholars' attention, therefore the social security law system research has the significant significance without doubt This article from the legal relationship content, the main body and the legislation idea two angles of view has made the shallow analysis and the discussion to our country social insurance law system.Part 1, simply analyzes the social insurance legal relationship .Embarks from the basic legal relationship theory, content of and main body the analysis social insurance legal relationship essential factor, thought the social insurance legal relationship mainly is centers on the worker main body the social insurance legal power to launch, the worker was all once has the citizen and its close relative which the ability to work and had the corresponding work, citizen of meaning that except there is labour capacity and not work correspondingly; the social insurance power other social insurance legal relationship main body countries, the enterprise and other organization's rights are, they which entrusts with for the realization social insurance power what are more is the duty. Among them, the country is as the strongest organization, It is a kind of important subjects in the legal relation of the social insurance, the realization of the right of social insurance hangs on the positive obligation of the country, the country is a main obligation subject; Enterprises and other organizations are also important subjects in legal relations of the social insurance, other organizations such as public institution and public organization can play a multiple role in the legal relation of social insurance, there is multiple relation between right and obligation.Part two, our country social insurance legislation present situation and question. Since briefly reviewed the contradiction and question which our country social insurance reform legislation condition and has existed at present, indicated and consummated the question immediately which the social insurance legislation was urgent needs to solve.Part three, perfect our country social insurance legislation certain conception. Embarks from the legislation idea angle of view, thought our country at present the social insurance law system needs in the right to subsistence idea, the national duty idea and under the social autonomous idea instruction consummates the legislation, and unified these ideas on the social insurance cover scope aspect, the social insurance relief aspect, the social insurance fund aspect and the social insurance legal system unification aspect legislation put forward some shallow proposals .