On The Legal System Of Dealing With The Social Insurance Disputes

Social insurance is one of the keys to keep the society running orderly, and the construction of the system of social insurance is also the basis of the system of the whole society. In2011, as the milestone, the Social Insurance Law was issued and was put into force. For the first time, the right of social insurance finds a way to the Law. For the first time, the right of social insurance is guaranteed by law in China. While the reality of legislation in China is not optimistic. There is no substantial innovation on citizens’social insurance right in the Social Insurance Law. Like the difficult for realizing social insurance right, the weakness in social insurance safeguarding, even the way every single court handles the dispute of social insurance varies,. In the meantime, study about social insurance focuses on the system of social insurance itself for the most part, study on the system that dealing with the social insurance disputes lackes however. Therefore, the study on perfection of dealing with social insurance disputes is important, besides it can protect citizens’ insurance right. In this paper, the author tries to apply some advices for the construction of the social insurance disputes solving system, on the base of the reality of China, also, by absorbing the quintessence of the good of the social insurance system in other countries.This paper is based on working practice. With the help of some relative data and books, the author finds the means of comparison analysis and facts analysis、 documents analysis to complete this paper.There are six parts in this paper. The first part is the introduction of this paper, introducing the purpose, significance and research status at home and abroad. The second part elaborates the reality of social insurance disputes, specifically addressed the nature of social insurance disputes, the character of social insurance and the types of social insurance. The third part is the practice reality in China, defining the mode of dispute dealing, the dilemma, and the causes. Difficulties in China mainly lies in increasing social insurance disputes, choosing the way to deal with the dispute, ineffectively protection for citizen’s insurance right, and various manipulation of the court. The forth part is about the system of social insurance dealing, being compared from two angles, at home and abroad. The fifth part is the advice. The last part is the conclusion.