Regulation Of Social Security Funds Under The Vision Of Constitutionalism

With fiscal constitutionalism win support among the people, seek the constitutional regulation of key system to become the best choice of social governance, and the social security system as an important political system in the modern society, in our country’s development is not optimistic, even at the same time the positive energy is not given full play has aroused a series of social problems, on the, on constitutional regulation brook no delay. In addition, security economic traditional function is weak in the poverty is as everyone knows at the same time, also has a role in regulating income distribution, but also with the development of society and the social security fund investment continues to increase, this effect will be further apparent, therefore, the constitutional regulation is the expansion of real concern to the gap between rich and poor in our country.Judging from the current situation, the social security funds in our country has the phenomenon of serious imbalance in the transverse direction. One reason is that the central government and local governments in China is not clear due to the expenditure of chaos. The central and local fiscal responsibility of social security distribution imbalance, financial level and the disbursement responsibility government not led to the central government and the local government coordination disorder, unfair competition, mutually making excuses and governments at the same time, the general transfer payment as the social security finance funds mainly caused serious loss of funds to pay the social security financial. Two of the reasons is the lag of the construction of social security law. No relevant regulations of social security funds in the circumstances, the social security funds regulation based on the low level of legislation, policies and regulations cross phenomenon is serious. This imbalance results caused by the phenomenon is the emergence of regional disparity in the level of social security at the same time, further enlarge the gap in economic and social development.From the foreign experience, the United States, Germany’s social security fund constitutional regulation each one has his good points. The United States of America’s social security fund management to establish the security object request to the government the right to make money " divert " possibility is greatly reduced, and the accounting mode makes the national finance has become the social security expenditure guarantee, guarantee the security object request right. The accounting system as a way of supervision of fund in raising capital safety also play an important role. German finance balance mechanism to balance the interstate development gap effectively, which for our country’s social security may draw lessons from a meaning more.Therefore, it should be from four aspects of the regulation of China’s social security funds. One is the optimization of the central and local social security decentralization of fiscal funds, given the different levels of government should be social security powers and expenditure responsibilities; two is the establishment of social security funds to finance dominant position of the special transfer payment, ensure the social security funds supply security; three is to further clarify the responsibilities and easy to supervise, should reconstruct and perfect the existing social security budget; four is to seek the constitutional way as rational income distribution function full play to social security.