Study On Social Insurance Supervision Mechanism Of China

With the expanding of coverage of the social security system in China, the security level unceasing enhanced, the public pay more attention to the social security system. After nearly thirty years of gradual development, our country’s social insurance supervision law construction and system construction have achieved certain results. Especially the policy of "social insurance law" in 2010, it’s the monument of our country’s social insurance supervision career.Although the social insurance law specified in chapter 10 places great importance on the social insurance supervision, there are still many problems unsolved. The current law on social insurance supervision is scattered. On the one hand, some stipulation are not fit the needs of the development of reality. On the other hand, a lot of behavior which is urgently needed to regulate is in the situation of shortage of legal system. Briefly, social insurance supervision in China is almost placed in an awkward situation with no suitable legislation because of its legislative lag. Therefore, the task of lawmaking update to promote social insurance supervision is very urgent, not only from the legal system of social insurance, but also do the effort on the constitutional law and administrative law. Then, strengthen cooperation and communication with the supporting filed to enhance the justiciability of the right of social insurance. This relationship of the arrangement is mainly relied on constitutional law, administrative law and criminal law, then assure supervisor can exercise their power and get the result of the supervision, which means any violation of law must be punished accordingly. In other words, by increasing the illegal cost to realize the maximization of system efficiency.The existing social insurance supervision mechanism is not scientific. It’s hard to make so many departments who have the right to supervise cooperate closely. The first reason is that there is so much administrative supervision but lack of the judicial supervision. It’s difficult to balance. At the same time, the participation of agencies is also the subject of the operation of the social insurance fund. If things go like this way, the anti-risk capability of the fund will inevitably weaken. Secondly, supervision subjects have no clear responsibilities. It’s not good to perform their duties. The last reason is the lack of the supervision monitor, especially on the part of individual citizens and the social organization. This situation makes most of the supervisors do not even know how use their right and then have less awareness of supervision as time passes.That’s why we need to scientific construct the social insurance supervision mechanism. On the theory of social insurance supervision mechanism, the subject of social insurance supervision, the object of social insurance supervision, and the ways of supervision are very important problems are necessary to solve. On the question of setting the subject of the supervision, we should devote much attention to the judicial supervision and the social supervision, according to the different object of the supervision to rationally divide the power, combining with the different career characteristic and choose effective ways to exercise the right of supervision.