On The Legal Issues Of The Management Supervision Of The Social Security Fund

As the kernel and core of the social security system, in my country, the aim of managing the social security fund (thereafter named as SSF) is to reduce the uncertainty of the social members for future life. Its main characteristic is benefit for the whole community. If the management of SSF faces with risks, the role of SSF as the "shock absorber" and "safety switch" would be damaged. Therefore, it is of great importance to strictly supervise its management.However, China's current supervision system for the SSF is far away from perfect. The lack of supervision law, the irrationality of supervision model, and the illogicality of supervision organs have resulted in the endless big cases of embezzling the SSF. In order to build the perfect Chinese social security system, we should immediately adopt the necessary laws and regulations for management supervision, establish the perfect and effective supervision system.This thesis introduces the current SSF supervision situation in China, analyzes the legal issues and social problems, compares the legal models for SSF management supervision in different countries, and finally puts forward the suggestions of strengthening Chinese SSF management supervision.The major problems of Chinese SSF management supervision include the indistinct supervision object and subject, low efficient and lots of leaks. These factors directly caused the big cases. Moreover, the legal system's incompleteness and ineffectiveness, and the delay of legislation have inevitably brought about the inability of the supervision system.The foreign management supervision system focuses on the balance among different supervision powers, including state supervision, social supervision and the self supervision. Whether the government or the society should be responsible for the SSF management is the premise of supervision system. The different objects decide the choice of different supervision subjects and methods. Through the comparative analysis methodology, we can tell the differences among those foreign legal systems. Other countries'supervision model and successful experience have great significance for China. It is one of the original points of this thesis.On the basis of comparative analysis of foreign SSF management supervision, the author tries to construct a more complete and effective supervision legal system. The Constitution is the foundation law of Chinese legal system, and other laws are legislated under the direction of the Constitution. As to the SSF management supervision, the legislation in the micro level should emphasis the laws of social security and SSF management supervision. This thesis puts forward we should construct a perfect supervision system with China's characteristic, particularly defining the subject, object, and method of SSF management supervision. It's another original point of this thesis.The aim of legislating supervision laws is to achieve effective supervision, while the real supervision practices can promote the legal system become more perfect. Through research on the legal issues of SSF management supervision, this thesis endeavors to explore the creative path of combination theory with practice.