Legal Research On The Improvement Of The Dispute Resolution Of Social Insurance In China

The dispute settlement of social insurance in China is very chaotic in practice.To improve and reform the social insurance dispute resolution way first need to Again and position the property of social insurance dispute.On the basis of combing and summarizing the literature data,the current legislative situation and the reform achievements,combined with the problems of confusion in reality,it elaborates on the improvement and reform of the dispute solution of social insurance in China.The first part,trying to clarify the concept of social insurance dispute,the social insurance is defined as the social insurance dispute between workers and employers,workers and social insurance agencies,and the dispute of tort damages and social insurance payment caused by the third party tort.Then analyze the attribute of social insurance.The core of social insurance rights lies in the claim of social insurance payment.The author thinks that the social insurance disputes are public and private,and should not take public law relief instead of public law relief,but should build the"dual relief path" of public law relief,private law relief,emphasize the leading role of state responsibility.The second part analyzes the reasons of the formation of social insurance disputes,and introduces the legislative status and existing problems of social insurance disputes in China,such as the inadequate norms of workers' social insurance,the administrative law enforcement and arbitration,the establishment of special social insurance dispute processing institutions and procedures.The third part,through the legislation of the extraterritorial social insurance dispute settlement,indicates that our country should implement the relief law of public law,correctly deal with the relationship between the executive power and judicial power and set up special social insurance dispute processing institutions and procedures to establish the unconstitutional review system.The fourth part is to improve and reform the scheme of social insurance dispute settlement,the improvement scheme of social insurance disputes in China is:clarify the provisions of workers' social insurance rights,social insurance related administrative departments,define the scope of social insurance dispute processing agency,the improvement and cohesion of the social insurance dispute;The long-term reform scheme is:the establishment of the new concept of the relief procedure of social insurance rights,the establishment of the supporting procedural law of social insurance,the establishment of specialized processing institutions to deal with social insurance disputes and the establishment of the constitutional court.