Research On The Legal Relief Mechanism Of Social Insurance Rights

The Social Insurance Law was finally put into force officially on July1,2011after a longtime discussion. As the first comprehensive social insurance law, it is another significantmilestone in the process of our social insurance system construction, which ensures thewellbeing of the people and improves their lives in China. Compared to the traditional law andregulations, the law establishes a big principle that countries have the obligation to guarantee andrelieve the social insurance rights of the citizens, which makes people’s society insurance rightsup to a new level. However, when analyze the law combined with the current situation of therelief and realization of China’s civil society insurance rights law, it can be found that there isnothing fundamental innovation in the Social Insurance Law as regard to the legal reliefmechanism, which still depends on the provisions of the traditional system in great degree. Thus,it brings many troubles to realize people’s right of social insurance, such as troubles inguaranteeing the litigation rights, choosing the relief way, and dealing with issues in the courtand so on, which goes against to the healthy run of the whole social insurance system.Multidisciplinary research and comparison analysis are used in this paper. Based on thecomprehensive analysis of management science, law and sociology towards the social insurancerelief mechanism, the paper compares the advanced mechanism of the foreign countries, such asBritain and Germany etc., and puts forward many reasonable suggestions to improve the existingproblems and defects of China’s social insurance law.There are five parts in this paper. The first part introduces the purpose, significance andresearch status at home and abroad; the second part explains the basic theories of the socialinsurance rights; the third part details the legal relief situation and causes in China; the fourthpart analyzes the research and reference of the foreign social insurance rights legal relief; thefifth part puts forward some countermeasures and suggestions towards the current situation anddifficulties of China’s social insurance law with China’s specific conditions.