Social Insurance Dispute Resolution Research

Social insurance in China is not a new topic, but our social insurance just groups, notuniversal, along with the enactment of the "Social Insurance Law of the People’s Republic ofChina" in October2010, China’s old-age insurance and medical insurance the range graduallyturned to a referendum. China’s social insurance law is a strong policy legal, and pays moreattention to the implementation of the social insurance and universal. Relatively speaking, lesslegalistic processing, this brought controversy for the implementation of the Social InsuranceLaw, the provisions of the less. In addition, the Social Insurance Law is the law department ofsocial law, social law is different from the traditional public and private law, and also thecharacteristics of both the public and private law. The attendant social insurance lawrelationship also characteristics of both public and private law, while traditional legalrelationship can generally be classified in both public and private law, our related disputesettlement mode is established on the basis of, relief of social insurance dispute can not usethe traditional public and private law remedies, and should develop a complete socialinsurance program law. Therefore, it is necessary to study the social insurance law relationsand social insurance dispute, at the same time learn from the advanced experience ofGermany and Taiwan of China, improve China’s social insurance relief system.This paper is divided into four sections to analyze the theme of this article:The first part of the use of legal relations theory to analyze the relationship betweensocial insurance laws, combined with China’s Social Insurance Law and other relevant lawsand norms, and analyzes the current law related social insurance law. Legal relationship of thevarious social insurance qualitative, pointed out that the relationship between thecharacteristics of the various social insurance law, including public law relationshipcharacteristics, the characteristics of private law relations, and even public and private lawcomposite relationship characteristics. In addition, because of the legal relationship betweenthe insurer and the insured is the basis of all social insurance legal relationship, the point intime of its establishment is related to the establishment of the relations of the whole socialinsurance law, and so to demonstrate their established de facto. Reference to China’s Taiwanacademia point of view, I believe that social insurance agencies file for information for the employer and the insured to establish the legal relationship between the Social Insurance Law,insurance (social insurance agencies) and the insured established point in time.The second part of the analysis may be generated based on the legal relationship ofsocial insurance, social insurance disputes, and classify social insurance dispute. In addition,because of the controversial nature of social insurance direct impact on social insurancedispute what relief program, discussed the controversial nature of social insurance. Of thesocial insurance field,"Social Insurance Law" fundamental law, so based on the text of theSocial Insurance Law, Our Present social insurance dispute’s resolution to take the reliefmethod carried out the finishing, and found that our country does not put all of the socialinsurance dispute be included to relevant relief program go, and related social insurancedispute, the approach to deal with the use of the labor dispute, so that the rights of the partiescan not get relief.The third part discusses Germany and Taiwan of China social insurance disputesettlement mechanism. Particularity of social insurance in Germany specialized social andadministrative courts to address the related social insurance dispute, and to develop aspecialized German Social Courts Act. In addition, Germany and Taiwan are based onconsideration of the relevant professional committees for social insurance dispute settlementpre-procedure of the prosecution process.The fourth is based in part on Germany and Taiwan of China based on the advancedexperience of the social insurance dispute, combined with the previously discussed ourcurrent social insurance dispute resolution provisions of the method. Sort out a way toimprove China’s social insurance dispute settlement system, hoping to serve as a stimulus forfuture social insurance dispute settlement presented to a force.In short, we want to start by theoretical analysis of the legal relationship of socialinsurance law inside the social insurance law relationship sorted out a way to resolve relevantsocial insurance legal dispute and the current law on related social insurance dispute, followedby the social insurance law relationship. Then combined with the experience of Germany andTaiwan, China to solve the social insurance dispute, put forward opinions and suggestions ofthe author of China’s social insurance dispute resolved. I hope to better protect our citizens theright to social security.