A Study On The Resolving Approach Of Social Security Dispute

Along with the improvement of social security legislation, people acquaint the importance of social security. Transact social security procedures, pay the social security fees and pick up social security outlay get the unprecedented recognition. At present, social security dispute have become the central issue. The social security dispute raise gradually, so we should pay attention to solution of social security dispute.This paper includes four chapters. In chapter one, the concept, characteristics and classification of social security dispute are briefly introduced by first. Then analyzes China's current"one intermediation, one arbitration and two adjudgements"resolving approach. In chapter two, have a basic introduction of the law system of the succor of the social security dispute in America England Germany and Denmark. Raised professional judges and trial institutions, handy trial procedure and applying interrogate to solve social security dispute are worth to be learned and by us. In chapter three, problems in solving social security dispute are summed up by first. Then the paper analyzes the problem about the law system of solving social security dispute. For example, have no perfect legislation, no special court and judges professional level are not high enough for the job. At last paper bring forward some advices about how to perfect the justice relief system of social security dispute in our country. First, we should establish court of arbitration for labor dispute. Only in this way can labor dispute arbitration committees gain independence from the administrative department of labor and security. Second, it need to expand scope of accepting case of labor arbitration and civil. Labor dispute committee and people court should accept all the dispute between laborer and unit about social security. Third it need to set up the labor court in the system of people court. And professional staffs serve on jurors at the trial. It need to perfect the burden of collecting evidence about the social security dispute, and bring the"convert of the burden of producing evidence"into the social security dispute.