Regulatory Legal System Of China's Social Security Fund Research

The purpose of constructing the legal system of social security fund supervision is to ensure the just and fair realization of the basic constitutional rights of citizens. The focus of supervision concerning the settlement and payment,management,operation,value maintenance and appreciation of all sorts of social security fund. at present, the Social Security Fund has been funding a great scale, the Fund faces a severe security challenges, the information shows that there are more than a hundred billion in recent years of social insurance funds were misappropriated or corruption violations. Exposed to the social security fund management system of the crisis, fundamentally speaking, it is not because the motive of preserving and increasing the value What is the problem, but preserving and increasing the value of the design of the system is too careless and no under the legal control system design. Therefore, as soon as possible , improving the social security fund sets up monitoring mechanisms, through the adoption of various measures to strengthening the Fund implemented a comprehensive, dynamic, real-time monitoring to prevent the risk of fund management to resolve to ensure the security integrity of the social security fund urgent task.In this paper, only the social security system of social insurance take an example, on China's regulation of social security law regulations of doing something useful. Government is mainly responsible for social security funds, social security funds is the core of social security. Social Security has a function of social insurance and income redistribution functions of the decision of the social security funds mainly come from the employing units and employees to pay and the government transfer payments. Social security and economic development level should be consistent with the level of development. Economic development, if the social security system package has not been a corresponding improvement of various social problems and social conflicts will be followed, the sustainability of economic development will be a threat to the goal of a harmonious society is also difficult to achieve. So Social Security is the economic means to resolve social problems, the promotion of fair revenue adjustment mechanism, the operation of social security can not be separated from the Government's strong support.International Social Security Fund's regulatory system to improve the operation of relatively mature, learn from advanced international experience, I propose to improve China's regulatory system of social security funds some useful thoughts. First of all, improving the social security law is monitoring the basic system. Improving the legislative level of "Social Insurance Fund Supervision and Management Regulations","social insurance fund management anti-fraud" and other related laws and regulations is as soon as possible; the strengthening of specialized supervision, focus on legislative oversight, especially the figures on behalf of the General Assembly to strengthen the public on the operation of social security funds legislative oversight and supervision over law enforcement. Secondly, a sound social security system is to monitor the investments of the Fund. In order to strengthen supervision of fund investment targets operating system, the establishment of a social security fund investment control system,the establishment of a social security fund management institutions operating are in and out of the market access mechanism; That improving the social security fund special audit of the regulatory system and financial regulatory system is the most independent of the subsystem. The legal effect of a stronger external oversight and effective financial supervision is a prerequisite for the establishment and improvement of text-based budgeting system and the effective and practical problems that reflecting the system of accounts ; The establishment of a social security fund management institutions internal control mechanism; To strengthen the supervision of personnel training, we should enhance the professional quality of supervision, especially the establishment of judicial supervision. The Principles of due process is in order to protect the regulatory relief; the strengthening of legal liability, increase the content of judicial relief. Sunshine is the best preservative, according to the State Council formulated the "Government information open regulations", all social insurance agencies, investment management organizations to information disclosure, so that the social security fund collection,management,investment and payment operations are placed in the community supervision.