Empirical Study On The Legal Relief System Of Enterprise Endowment Insurance Contributions

Endowment insurance is the most important part of China's social security system,and it is also the most widely covered subject of social insurance in China.Endowment insurance is the product of the socialization of production,its implementation is beneficial to ensure the reproduction of the labor force,it is beneficial to the social stability,and also helps to promote the economic development.With the continuous rapid growth of China's economy,citizens' legal awareness and awareness of rights have been increasing,and the disputes in the field of pension insurance payment have been increasing,and the social response has been strong.There are different opinions on how to make legal remedy for the litigants in the whirlpool of pension insurance contributions.On the one hand,the national courts at all levels have adopted a negative attitude towards the settlement of the dispute on the payment of the endowment insurance,and the workers can only use administrative means to protect their rights.On the other hand,the theoretical circle has always believed that the dispute can not only use administrative remedy,but also can use civil way relief,two kinds of relief system coexist.Moreover,the two relief systems have encountered different degrees of difficulty in the practical operation.In addition,although the social insurance law of the principle of criminal punishment in violation of the social insurance system,but at present our country criminal legislation is blank in the field of social insurance,the strong supervision function of criminal law."No remedies,no rights",in order to better protect the legitimate rights and interests of laborers,maintaining social harmony and stability,clear endowment insurance expends the nature of the dispute,relief way of perfecting endowment insurance,strengthen the construction of endowment insurance in the criminal law system is imminent.The first chapter is the introduction,the background of the writing,the reading of the materials,and the academic contributions expected to be achieved through writing this article.At the same time,the concept of old-age insurance,old-age insurance legal relationship and pension insurance contribution dispute are elaborated,which lays a theoretical foundation for the following analysis and research.The second chapter analyzes the administrative relief system of the current pension insurance payment dispute.First introduced into the reasons,and then combined with the concrete practice of case analysis of administrative relief system predicament existing in the implementation process,finally combined with the specific difficulties for endowment insurance expends dispute administrative relief system perfect concrete Suggestions are put forward.The third chapter is the analysis of the civil relief system.First introduced into the civil relief system,secondly combining the concrete practice case analysis of the civil relief system in the process of implementation of the dilemma,finally combining with the specific difficulties for endowment insurance expends controversial civil relief system perfect concrete Suggestions are put forward.The fourth chapter introduces the perspective of criminal responsibility analysis,points out the current our country endowment insurance expends areas lacking in criminal legislation,and referring to the provisions of other charges,proposed to establish " evading payment of social insurance " to improve the system of endowment insurance expends field of criminal law.