A Legal Analysis Of The Employee Basic Pension Insurance Premium Supplementary Payment And Recovery

The purpose of basic endowment insurance is to provide social security measures for retired employees to provide basic living needs and provide a stable and reliable source of life.The Employee Basic Pension Insurance system in my country is the most important part of the pension insurance system.At present,the pensio n insurance funds in most provinces are not paid,and the phenomenon of arrears of payment of basic pension insurance premiums for employees is more serious.The fulfillment of payment obligations is of decisive significance for ensuring the realization of employee pension rights and maintaining the safety of pension funds.However,whether it is in legislative provisions or in judicial practice,there are many problems in the supplementary payment and recovery of employee basic pension insurance,which affects the implementation effect of employee basic pension insurance and raises practical issues for the standardization.This article takes the screened referee cases as the analysis sample,summarizes the controversial focus of the employee basic pension insurance premium supplementary payment and recovery in practice,analyzes the employee basic pensio n insurance premium supplementary payment and recovery in academic terms,examines the legal norms and cases The sample found that the two mainly have the following problems.First,supplementary payment and recovery are mixed and applied in practice,and there is no strict distinction.Second,the procedures for handling disputes concerning supplementary payment are disputed.Third,the administrative organs have unclear powers and responsibilities when dealing with the issue of supplementary payment and recovery.Fourth,the provisions on the limitation o f supplementary payment and recovery are not clear,and there are no clear reg ulations on which legal norms should be applied.Fifth,the measures for supplementary payment and recovery are not comprehensive,which makes it difficult to achieve their objectives.Drawing on the advanced experience in the handling of social insurance disputes abroad and combining the nature of the relationship between supplementary payment and recovery,it is planned to improve the system of supplementary payment and recovery of employee basic pension insurance from both the entity and the procedure.Among them,the relationship of supplementary payment is debt.For the continued performance of social insurance contracts,for the dispute over the employee basic pension insurance premium supplementary payment in the sample,it is necessary to improve prescribed period of supplementary payment,clarify the responsibility of the legal responsibility for the supplementary payment,establish the deferred payment,the principle of priority and the safeguard measures for preservation,procedurally,through the mediation system.Pre-administrative processing and set up a special social insurance dispute handling mechanism to improve the supplementary payment system.The supplementary payment is an administrative legal relationship,which is a compulsory order for those who have not supplementary payment over a certain period of time.For the disputes concerning the recovery of the employee basic pension insurance premiums in the sample,it is necessary to clarify the subject of recovery,the prescribed period of recovery,establish and improve safeguards such as preservation,guarantee,administrative penalties and administrative coercion,procedurally introduce summary procedures into administrative litigation and pre-reconsideration and other measures to improve the recovery system.