On The Perfection Of Judicial Treatment Plan For Disputes In Pension Insurance Treatment Cases

Basic pension insurance is one of the most important risks of social insurance,and a kind of social insurance system established and enforced by the state according to the laws and regulations.As an important guarantee of the retired workers’ life,pension insurance system has been playing a great role in promoting people’s livelihood and maintaining social stability.However,in judicial practice,the judging methods are different when the local courts hear such cases,which fails to fully protect interests of the obligee and damages the judicial authority.Therefore,this problem needs to be solved urgently.This paper first analyzes defects and causes of the current judicial treatment scheme in handling cases of pension insurance treatment disputes.On this basis,combined with the relevant cases,judicial views and related theories of fault tort liability and liability for breach of contract,it draws the conclusion that this kind of cases are more suitable to be treated according to fault tort liability.And then,by using the fault tort theory,it analyzes the constitutive elements of tort,classification of torts of the parties concerned,the reasons of counterplea and grounds for exemption in this kind of cases.At the same time,it attempts to consummate the current judicial treatment scheme from party determination,setting of limitation of action and compensation amount calculation in combination with the theoretical analysis,and provide a reference for the courts to try such cases.