Legislative Study On Legal Supervision And Counermeasures Of Social Insurance Funds

We must improve legal supervision system of social insurance funds because of more and more social insurance cases, intimidation of ageing of population, social insurance funds rising constantly and internal and external environment changes of social insurance. It established fundamental base of legal supervision system promulgating Social Insurance Act. But there is little operability because most acts of Social Insurance Act are general, principled and permissive. So we must make successive laws and regulations.The paper studies problems to improvement of legal supervision system basing on implementing Social Insurance Act unfavorably. The paper includes five parts:firstly, it reviews literatures about legal supervision of social insurance funds. Secondly, it analyses basic theories of legal supervision of social insurance funds. Thirdly, it discusses present situation and problems of legal supervision of social insurance funds including lack of special supervision laws of social insurance funds, absence of independent and national supervision organization and limitation of legal succoring channel of rights tangles of social insurance funds. Fourthly, it analyses present situation of legal supervision of social insurance funds in America, Chile, German and England. Lastly, it puts forward suggestions on improvement legal supervision of social insurance funds in China, basing on summarizing successful experience of legal supervision of social insurance funds. Social Insurance Funds Supervision Regulation must be laid down by the State Council of the People’s Republic of China whether improvement legal system or enhancement legal effect, which must prescribe detailed regulations of supervision of social insurance funds. China Social Insurance Regulatory Commission must be established, which is national, specialized and exercises intensively rights of supervision of social insurance funds. To guarantee insurant’s rights and to make up limitation of legal succoring channel of rights tangles, social insurance court must be constituted and system of public interest litigation must be regulated definitely.