On Legal Issues Of Investing, Operating And Monitoring System Of Social Insurance Fund

Social insurance fund is an important social public fund. The safety of the fund is an important guarantee for the healthy operation of social insurance system, which affects people’s vital interests and the harmony and stability of the society. As it has been clearly stated in the eighteenth National Congress of the CPC, a system to manage investment operations of social insurance funds should be introduced to ensure that these funds are safe and appreciate over time.Whether the investing, operating and monitoring system of social insurance fund is perfect or not has a direct relationship with the safety of our country social insurance fund’s investment and operation. Since the social insurance system is set up late in China, there are still many legal issues remained to be solved in terms of investing, operating and monitoring system of social insurance fund. Only based on the deep understanding of some related basic theories, through making analysis and research on current situation of the investment, operation and supervising social insurance in our country, taking further insight into the existing problems and deficiencies of investing, operating and monitoring system of social insurance fund in our country social insurance fund investment operation supervision system, drawing lessons from foreign related concrete system and also taking China’s specific national conditions into consideration, can suggestions and measures to perfect our country’s investing, operating and monitoring system of social insurance fund be put forward.This thesis is divided into four parts. In the first part, investing, operating and monitoring system of social insurance fund is summarized and related concepts of investing and operating system of social insurance fund are clarified. Also, the connotation of investing, operating and monitoring system of social insurance fund is introduced, which holds the opinion that investing, operating and monitoring system of social insurance fund has important social significance, such as to escort the normal operation of social insurance system, to ensure the maintenance and appreciation of the social insurance fund, to promote the balanced development of social economy, to safeguard the vital interests of citizens and so on. In the second part, our country’s current investing, operating and monitoring system of social insurance fund as well as the existing problems are introduced and studied, using specific data to show the situation of China’s social insurance payments and balances and the investment and operation of social insurance fund in our country respectively. Then the regulatory agencies of our county’s investment and operation of social insurance fund and their responsibilities are introduced and classified and also policy laws and regulations on investing, operating and monitoring system of social insurance fund are introduced systematically. It takes a deep analysis into the current problems existing in the investing, operating and monitoring system of social insurance fund, holding the opinion that our country’s legal norm construction situation is difficult to meet the objective requirement of supervision work and at the same time, the investing, operating and monitoring system of social insurance fund is not sound. In the third part, the foreign investing, operating and monitoring system of social insurance fund is introduced. Through the study of investment model of foreign social insurance fund, the supervision idea of social insurance fund, the specific supervision system of the investment and operation of social insurance fund and the comparison between limited strictly prudential supervision mode and strictly regulation mode, the improvement of investing, operating and monitoring system of social insurance fund can have a road to take. In the forth part, the advice to perfect the investing, operating and monitoring system of social insurance fund is proposed. First of all, legal principles of the investing, operating and monitoring system of social insurance fund is clearly stated, which holds the opinion that the design of the investing, operating and monitoring system of social insurance fund should be in accordance with law regulation, public regulation, fair regulation and independent regulation; Second, it is suggested that the legal provisions of the investing, operating and monitoring system of social insurance fund should be gradually improved by filling in the legal loopholes, integrating contents of the articles and refining stipulations; Finally, a sound investing, operating and monitoring mechanism of social insurance fund should be established, mainly including the internal supervision mechanism, administrative supervision mechanism and social supervision mechanism.