Research On Administrative Payment System Of Social Security

Social Security as a hot issue in the national economy and people’s livelihood of a country, becomes the focus of attention of the administrative law circle. In2004, the provision of "establishment and development of social security system of China compatible with the level of economic development", was written into the Amendment of PRC Constitution, also the plan of "by the year2020, the social security system covering urban and rural residents will be established fundamentally" was proposed in the17th Communist Party Congress Report. Those two indicate the tendency of the completion and systemaltization of the Chinese Social Security in the future. Social Security as part of administrative presentation in nature, and that is why "Social Security Administrative Presentation" is used in this Paper:to emphasize the attribute of administrative presentation of social security, and to distinguish Social Security with those in other subject and discipline. This Paper takes administrative presentation as analysis background, mainly stretch its discussion around the governmental responsibility in social security, emphasize that the nature of social security is governmental responsibility; the sign of the establishment of modern social security system is the confirmation of governmental responsibility; and governmental responsibility is one of the legal basis of the legitimacy of the existence of social security system. Furthermore, during the current social security system of our country, the lack and chaos of governmental responsibility system in legislation, and the absence of government in practice emerges endlessly. For the purpose of completion, we should strengthen the sense of governmental responsibility, and the supervision mechanism of governmental responsibility.Chapter1in this Paper introduces the meaning and nature of social security administrative presentation, and presents the fundamental characteristics and historical development of it. Chapter II discusses the legal basis of social security administrative presentation, and discusses the necessary reflection of fundamental principles of administrative law in social security administrative presentation, to discover the theoretical legitimacy of social security administrative presentation. Chapter III analysis the legislative practice of social security administrative presentation of PRC, studying on the system background, legislative situation and problems, and case study on the actual operation condition. Chapter IV combines the administrative presentation theory and legislative practice together, trying to propose the completion methods of social security administrative presentation of PRC from reconstruction of value and completion objective, which is of significance both in theoretical area and practical area.