On The Legal Relief For Social Insurance Dispute

Social insurance, the core of the social security system, is related to the interestsof workers and social stability. The continuous improvement of China’s socialinsurance system, the growing awareness of workers’ rights and the increase in socialinsurance disputes have gradually become the focus of the problem. But for thepayment of social insurance dispute, the current theory and practice in our countryhave different understandings, and the legislation also lacks clear definition.Therefore, how to seek legal redress and the lack of relevant legal remedies havebecome the confusion of the workers after the disputes of social insurancecontributions occurred. In order to protect the workers’ legitimate rights and maintainsocial security and stability, it is important to clearly definite the nature of socialinsurance contributions and perfect the way of legal remedies.This paper is divided into four main parts.The first section describes the genial issues of social insurance contributions. Onthe one hand, this section concludes the contents of social insurance disputes by theintroduction of social insurance and social insurance legal relations, which are mainlydivided into the disputes of social insurance benefits and payments. For the ways ofsocial insurance remedies, the current theory and practice has been clearly definite.But for the ways of social insurance contributions has been much disputed in theoryand practice, which is to study in this paper. On the other hand, this section also pavesthe way for the discussion of the legal remedies ways of social insurance payment bythe introduction of the characteristics of social insurance and social insurancerelations.The second section mainly discusses legal advocacy channels provided for thedisputes of social insurance contributions. Combined with the characteristics andnature of social insurance legal relations, this part points out that workers can chooseadministrative remedy and judicial relief, and analyzes the view from three aspects, the legal point of view, legislative point of view and empirical point of view.The third section discusses the problems in the legal remedy of social insurancecontributions that has been much disputed. By the discussion of this part, it is clearthat the disputes of social insurance contributions can seek either administrativeremedy or judicial relief. Based on the view, this part further discusses the time in theprocess of remedy and the problems about whether administrative remedy and judicialrelief can be repeatedly addressed or not.The last section points out the suggestions about how to perfect legal remedy in the disputesof social insurance contributions. Currently, you can perfect this problem by the ways of clearlegislation, establishment of full trial court and so on in order to effectively protect the interests ofworkers’ social insurance and the overall society.