A Study On Legal Systems Of Supervision Of Social Insurance Fund

Social insurance fund is a material foundation for social security system，usuallycalled Raising Life Money.It builds a strong guarantee for sustainable,healthy andstable development. It has two major objectives as security and value retainingand increment. However, based on a series of cases occurred as represented byShanghai insurance fund in2006, the reality of the lax internal controls and un-strictexternal supervision often exposes some problems, such as un-deepening of the ideaof rule of law, loss of the basic legal of supervision, responsibilities overlappingbetween the different supervisors, lagging of supervision philosophy and assortedmeasures, operation obstructively of the system of information disclosure,non-coordination of the internal and external oversight systems of mutual supervisionand interacting, and so on. If these problems last continuously, it will hinder the safeoperation of social security system directly and pose a great threat of social stability,public interests and the deepening of the reform.This paper begins with an analysis of the concept and elements of the socialinsurance fund and its supervision, and has cleared off supervision perfect necessityin theory further. Based on the reality of China’s social insurance fund supervisionneeded and problems in practice, through inspecting representative nations’ valuablepractice experience such as U.S,Germany,Chile, drawing domestic and foreignadvanced theory research on the supervision of social insurance fund, taking methodof comprehensive utilization empirical and comparative study, as the goal to furtherimproving the social insurance fund supervision and playing a full role of socialinsurance fund, this paper gives some suggestions, including establishment of basiclaw and basic principles of the social insurance fund supervision, furtherstrengthening and perfecting laws of social insurance fund supervision system,promoting legal rank of supervision orders, regulating the regulatory body terms ofreference and perfecting the accountability mechanisms, increasing supervisionnecessary systematic constructions such as financial control, risk control andspecialized control, realizing the the transformation to a prudent supervision mode,perfecting information disclosure and information publicity system, promotes thejoint efforts with the organic from inside and outside, etc. This is expected to helpscientific operation of social insurance fund supervision.