The Legal Problems Of Our Social Insurance Fund Supervision

Social Insurance Fund is the material basis for the social security system, social insurance system can be called the "immune system". When people are sick, old age or disability they can be protected. It is an important assurance for people to access to basic livelihood. Therefore, regulation of their social security is an important guarantee for the safe and efficient operation of Social Insurance Fund.Along with the rapid development of our economy and the high demanding of our material and culture life, the security system of social insurance funds are still outdated and backward. As for the reform on the original of the community security system, improving the level of protection is imperative. Legislation is the world's first building of the Social Security system and a common practice, the design and arrangements made by the legal system for social insurance funds is an important part of the design for social insurance funds.At present, the regulation of social insurance funds is at the initial stage, and there are many issues. Laws, regulations and systems of social insurance is extremely disproportionate to the social insurance needs, and were often diverted, the amount of diverted is growing up, the amount of the giant is astounding! The reason for the final analysis is"not effective supervision, and the law was lagging behind. "the Shanghai social security case"that hit the country in 2006 opened the illegal diversion of the Social Insurance Fund tip of the iceberg, revealing that China's social insurance fund is serious deficient in supervision.therefore, in order to achieve social harmony and stability and to avoid political risks and potential crises, we need reflect on the Social Insurance Fund regulatory shortcomings from a series of the illegal diversion cases, to seek improved methods to compensate for the corresponding defect, and regulate the social insurance funds system. This paper intends to study the regulation of social insurance funds, and has made suggestive comments for the legal system construction of the social insurance fund supervision.Based on the comparative studies on the regulation of social insurance funds in some developed countries, in line with reality, and combining our own actual situation, China's current political structure, economic development and social protection regime, in a scientific perspective, this paper tries to build an ideal regulatory framework for the legal system of social insurance fund.In this framework, the regulator can take into account the principle of equity and efficiency.Combining the specific circumstances of our social security system in our country at this stage, and based on the market-based economic regulation, the regulator can regulate it reasonably.