On The Judicial Remedy For Social Security Disputes

Along with the social advancement of our country and the supplies life level of people enhancing increasingly, the protection of the basic survival right of citizen get the unprecedented recognition. At the same time, the social security dispute increase gradually. Then social security dispute have become the important problem, which should not to be neglect in our country.The article discuss and summarize the social security dispute and the justice relief of the social security dispute, at one time, have a basic introduction of the law system of the justice relief of the social security dispute of our country currently and some west developed country. Then the article analyzes the blemish and the problem about the law system of the justice relief mechanism of the social security dispute. At the last the article bring forward some advices about how to perfect the justice relief system of social security dispute in our country: (1) It need innovate the disposal mechanism of labor dispute at present, and to establish a "interrogate or judge" procedure to dispose the social security dispute; (2) It need to set up the adjudgement court of social security technicality in the system of people court, currently; (3) It need to establish the qualification system of adjudgement personnel for dealing with the social security dispute which accord with the actual needs, and import the system of experts attend the adjudgement; (4) It need to found the commonly procedure of the justice relief of the social security dispute, at one time, referring to the France's procedure to set up the special procedure of social security dispute; (5) It need to establish the new-style system of legal cost of social security lawsuit about delaying and avoiding the legal cost. And increase the duty of the body politic and the units to pay the legal cost; (6) It need to perfect the allocation of the burden of producing evidence about the social security dispute, and put the "convert of the burden of producing evidence" into the social security dispute. At the meaning time, it needs to add the aggrandizement side ofthe sanction measure for going on wheels of the justice relief of the social security dispute.