Research On Investment And Operation Supervision Legal Issues Of Social Insurance Funds

Nowadays, there is closer interaction with the Social Security Fund and investment market, perfect fund supervision is the so important guarantee of the social insurance fund to move safe and efficiency. How to supervise the social insurance fund is still on the first step in our country, and also have lots of problems. A whole string of social insurance fund case discovered loses to the social insurance fund supervision legal system. So we should consider the shortage of the social insurance fund supervision system, improve the ways and means, and to supervise the social insurance fund's investment and operation.The article's research is the legal issues of social insurance fund's investment and operation, consist of quote words, main body and conclusion. Firstly, the quote words introduce the research background and the actuality in our country and then introduce the thought train of research in the abroad filed. The main body is divided into four parts:Part one is the academic analysis of how to supervise the social insurance fund's investment and operation. Firstly, the article discusses the concept and movement of the social insurance fund's investment and operation, then analyses the legal relationship which produced in the course of the social insurance fund's investment and operation. Finally through the analysis of process risks of social insurance funds, and shows the meaning of supervision.Part two mainly discusses the international experiences on how to supervise the social insurance fund's investment and operation. Firstly, the author introduces the two different supervision modes in the abroad: the prudential regulation and the draconian regulation; and two different supervision structures: the concentrate regulation and the disperse regulation, and then discusses their disadvantages and strong point. And then take the USA, Chile, Singapore as an example to introduce the legal system in three countries, conclude the advanced experience.Part three discusses the condition of how to supervise the social insurance fund's investment and operation in our country, and analysis the problems on the lawmaking and the concrete content: the problems on lawmaking are delayed, lawless; supervision idea is conservative. And supervision structure is fallen behind; then the author explains the problems on the concrete content: portfolio, the trustee compulsory, information disclosure, and points out the problems and defects.Part four discusses the suggestion to the legal system on how to supervise the social insurance fund's investment and operation. Firstly, the author proposes four suggestions to the lawmaking; secondly, advances conceive in supervision mode and supervision structure. At last, the author takes the advice to the four concrete systems in portfolio supervision, the trustee compulsory supervision, information disclosure supervision and market access and exit regulation.