Research On Legal Remedy To Controversy On Pension Insurance Scheme

Pension insurance, which is the core of the social insurance scheme,is closely connected with everyone’s immediate interests and socialstability. With improvement on the social insurance scheme in ourcountry and the increasing public awareness of rights and interests, thecontroversial issues on pension insurance scheme emerge one after another,bringing more social conflicts and gradually being the highlight of thewhole society. Despite abovementioned, with respect to the legal remedyto the controversy on pension insurance scheme people may seek, thecontradictions of the legislation, as well as the different viewpointsfrom theory and practices, directly lead to the deficiency in this regard.“Where there is a right, there is a remedy”. It has become imminentto define the controversy on pension insurance scheme from legal, buildand improve the legal remedy, in order to protect the legitimate rightsof the citizens and maintain social security and stability.This paper consists of four chapters:The first chapter looks back on the history and development of the legalremedy to controversy on pension scheme, illustrates on the origin of thecurrent remedy, and points out that the administrative remedy are mainlyrelied upon under the current remedy. But the administrative measures are far from enough to settle the controversy on pension scheme and areconfronted with difficulties in substantial issues, procedures, andimplementation.The second chapter first introduces different theories regarding legalremedy to controversy on pension scheme with three main viewpoints fromtheory and practices and the author’s inclining opinion. And then, itfocuses on defining the controversy on pension insurance scheme from legal,raises the distinctive opinion on the relationship of controversy onpension insurance scheme by comparing the pension insurance scheme andtax collection scheme, to argue on the particularity of the legal remedyand the necessity and the legal implication to separately stipulate suchlegal remedy.The three chapter describes three typical legal remedy to controversyon pension scheme in other countries and recommends those experience forreference and implications to our country. The author selects andintroduces three modes, that is, professional judger, social court,litigation court respectively in America, German and the United Kingdomto serve for reference for our country in this aspect.The fourth chapter offers some proposals by the author to improve thelegal remedy to the controversy on pension insurance scheme, includingcivil and administrative remedy and the specific measures on developingrelevant legal liabilities.