Study On The Legal Position Of Social Insurance Agencies

Social insurance agencies are one of the important institutions in the social insurance industry of our country,their operation status is closely related to the interests of the insured and the development of social insurance undertakings in china.In accordance with the "separating politics from business" principle,when the social insurance agency was built,the social insurance agency undertakes the specific affairs of social insurance in China,which are identified as government-affiliated institutions.However,in the actual operation of social insurance agencies,no matter their organizational form,personnel appointment or financial management,they are under the control of the overall government,and have no right to determine the social insurance affairs.As a matter of fact,the law sets the social insurance agencies in the function department of the government.The law sets the social insurance agencies in the function department of the government,which leads to a series of abuses.For example,the social insurer in our country is unreality,the relationship with the overall government is ambiguous,and moral hazard prevention function is reduction in the social insurance and so on.Therefore,it is necessary to redefine the legal position of social insurance agencies and improve their functions.Based on this,the author believes that social insurance agencies can be shaped as social insurance agents.In a word,the legal position of social insurance agencies is social insure.The social insurance agency is shaped as a social insurer,from a legal point of view,first,the nature of quasi public goods of social insurance requires the proper separation between the agencies and the government;Second,the autonomy of social insurance organizations requires agencies to have an independent declaration of intention;Third,social insurance following the insurance technical requirements the agencies having the right to operate independently of the social security fund;Fourth,"separating politics from business" principle requires agencies to keep independence.Moreover,the social insurance agency becoming a social insurer has its realistic possibility.Social insurance agencies have the functions and organizational foundation of social insurance agents,and are closely related to insured persons.Thus,the conversion of roles enhances the feasibility.Specifically,on the one hand,we should strengthen the independent position of the management agency,construct the organ of declaration of meaning,realize financial autonomy,and deal with the relationship between the government.On the other hand,it is necessary to improve the specific functions of social insurance agencies,so that social insurance agencies really shape social insurance.