Problems And Countermeasures Administrative Remedy Of Social Insurance Rights

Because of the development of social and economic so that people have more rights in different forms, but the basic human rights will always be one of the protagonists. In the composition of these rights, the right to social security plays an important role. Rights will inevitably be infringed, it has the right to have relief, relief mechanism of social insurance rights of the study has practical necessity. The administrative relief, relief mechanism as a whole, an integral part, we still need to give them more attention and deeper research.In this paper, literature analysis, historical analysis and comparative analysis and other research methods to study, to management, political science, law, philosophy as a discipline basis, discussed a multi-disciplinary theory, and strive for social insurance rights of administrative relief mechanism more deep, comprehensive study. This paper is divided into five parts, the introduces the background and significance of,first, discusses the basic connotation, the historical development of their social security rights of property rights, the right to contact the basic connotation of social insurance administrative remedies, the analysis of both internal and administrative mechanisms need to link relief, combined with the theory of human dignity and responsibility of the government to demonstrate this view. Then, from the right to social security and administrative status of our country's path to relief, discusses the mechanism of administrative remedies existing social security rights, the lack of procedures and mechanism are particularly prominent, making it difficult to obtain the right to social security administrative relief from the full range of ways protection.However, different from the situation in China, many countries started in the right to social security administrative relief early, high degree of legalization, they built the system, institutional settings, program design have a rich, advanced experience, the author of the United States, Britain, France and Germany as a typical analysis of each country's unique set of administrative relief mechanism for social insurance rights,discuss their advantages and disadvantages, and summed up the inspiration for administrative relief mechanism of social insurance rights in China. Finally, the theory of social insurance rights and its mechanism of administrative remedies, ideas and status quo provided from abroad, and from three different angles legislation,procedures and institutions, administrative relief mechanism proposed for socialinsurance rights of optimization measures and ideals.Overall, this paper hope that through the study of the social insurance rights and its mechanism of administrative remedies values and norms, so that the discussion of the social security system right from its research and policy shift for itself how to ensure social security and the rights of people successfully complete to enjoy their legitimate rights and interests of research; at the same time, focusing on administrative remedy this relief way, want to make the right to social security relief system more friendly to the social security rights of people pay more attention to the inherent efficiency of the relief process value, economic value and fair value; in addition, also would like to present new ideas for the right to social security administration and oversight bodies, this oversight mechanisms to effectively improve their administrative level, providing citizens with better service.