Social Insurance Rights And Remedies

Modern social security system since the1830s has gradually developed, experiencedabout the formation, growth and change in three stages. To the1930s, Germany, Britain,Russia, the United States and other major countries are generally carried out socialinsurance legislation, establishing a social insurance system. Social security as afundamental human right, has been in1948,"Declaration of Human Rights",1966"Economic, Social and Cultural Rights and the International Covenant" and otherinternational documents confirm. From1949to July1,2011the "PRC Social InsuranceLaw", the development of China’s social insurance system has gone through a country(units) security, state enterprise reform, market economy reforms and harmonization oflegislation four times.The right to social security rights and obligations of the main yuan, the complexity isa basic human right guaranteed by the Constitution, is that people ’s social rights ofsurvival and development, both the dual nature of property rights and personal rights,which reflects the form of the concept of justice and substantive justice, social insuranceincludes the integration of autonomy and control, reflects the identity and complementarycontract.The right to social security rights from the legal rights to the reality of thetransformation process, which will inevitably lead to disputes have been violated. SocialInsurance disputes between the main focus of social insurance rights and obligationsarising from, can mainly be divided into social insurance contributions and socialinsurance benefits disputes Disputes two categories, with the subject of many, thecomplexity of the dual nature in order to pay for the core and other features.China’s current social insurance dispute settlement mechanism includes twocategories defined as labor disputes and administrative disputes, the former mainlythrough labor arbitration, labor litigation resolved, the latter mainly through administrativereview, administrative reconsideration, administrative litigation means to solve, but this processing mechanism ignores the unique nature of social insurance disputes, the differentdemands placed under the social security disputes in civil or administrative dispute barelyprocessed in law had a conflict in the actual operation encountered obstacles. Improvementof the existing dispute settlement mechanism of social insurance the most realistic way tolearn is in Germany, Britain, the United States, Japan and other countries on the basis of amature system, existing labor disputes and administrative disputes "dual track" processingpathways and institutional framework, the improvement of arbitration and litigationCohesion and implement "or arbitration or trial, their finality" to strengthen socialinsurance trial court specialization; while refined social insurance administrativemonitoring procedures as part of the administrative reconsideration, administrativelitigation social insurance disputes before entering-conditions, so that our system of socialinsurance disputes relief can play a role in a more just and efficient, comprehensive andadequately protect the social security rights to be realized.