Research On Legal Issues Of Social Insurance Dispute Settlement

At present,China’s social insurance system has been established in an all-round way,and workers’ awareness of social insurance rights has been constantly improved,and all kinds of social insurance disputes are on the rise.However,due to the lack of clear definition of social insurance disputes in the current legislation,and the lack of unified norms for dispute settlement system,the actual operation of social insurance dispute settlement mechanism is not smooth,and the application of relevant laws is confused,which affects the timeliness and effectiveness of workers’ rights relief to a certain extent.Therefore,it is necessary to refine and analyze the specific problems in the settlement of social insurance disputes based on the practice,explore the institutional origin of the problems,clarify the essential attributes of social insurance legal relations,and seek solutions to relevant problems on this basis,so as to improve the procedural legal system of social insurance dispute settlement in China.This paper focuses on the legal issues arising from the settlement of social insurance disputes and makes an in-depth study of the settlement system of social insurance disputes.This article is divided into five parts:The first part is the introduction,which is mainly to analyze the background and research significance of this topic,sort out the current academic views on social insurance disputes,and briefly explain the research methods and possible innovations used in writing this paper.The second part is an overview of the social insurance dispute settlement system.Firstly,it expounds the concept and different types of social insurance disputes,and makes clear the particularity and complexity of social insurance disputes,although they originate from labor disputes.Secondly,through a comprehensive review and comparison of relevant provisions applicable to the settlement of social insurance disputes,it is shown that the current legislation on this issue is obviously lagging behind and inadequate,which is reflected in the dispersal of the settlement procedures of social insurance disputes in various laws and regulations and other normative documents and judicial interpretations,not forming a complete system.It is difficult for workers to choose the right way to seek relief of social insurance.The third part is to detail our country social insurance dispute treatment face realistic confusion.Through the analysis of typical cases,this chapter analyzes the legal problems in the practice of social insurance dispute settlement.The main problems are found in the following aspects: first,it is difficult for workers to choose the settlement path of social insurance disputes;Second,there is no applicable accurate prescription for dealing with social insurance disputes,which is not conducive to the timely handling of disputes;Third,when dealing with labor disputes,judicial organs are embarrassed in reviewing relevant evidence and determining the amount of compensation.The above confusion in practice is not only not conducive to the timely settlement of disputes,but also may cause the related departments to shirk or conflict of opinions,affecting the process of social insurance legalization.The fourth part is to the social insurance dispute processing procedure not smooth reason analysis.Further explore the reasons behind the system from the historical and theoretical aspects to consider.From the perspective of history,the development of China’s social insurance law has experienced a process from dependence on labor law to gradually independent development,so the early social insurance dispute into the labor dispute treatment has the objective inevitability of historical development.However,with the introduction of the Social Insurance Law,especially the third Plenary Session of the 19 th Central Committee of the Communist Party of China made a decision on the reform of the collection system of social insurance premiums,which will be directly collected by the tax authorities.This change has laid a new institutional foundation for the independent development of the settlement system of social insurance disputes.From the perspective of theory,scholars have different understandings on the nature of social insurance legal relationship.Some scholars believe that social insurance legal relationship has the nature of public and private law,some scholars agree with its "public law",and some scholars consider it as "legal debt".The inconsistent understanding of the nature of social insurance legal relationship undoubtedly makes the construction of dispute settlement system lack the theoretical basis.The fifth part is the conception of perfecting our social insurance dispute settlement system.First of all,on the basis of clarifying the nature of the legal relationship of social insurance,it is clear that the social insurance dispute is based on "debt of public law",and it is distinguished from the labor dispute.The principle of "non-litigation" should be established prior to litigation.Secondly,we should perfect the social insurance dispute settlement rules under the current system,that is,straighten out the relationship between different ways of social insurance dispute settlement,clarify the different prescription of social insurance dispute settlement,strengthen the judicial and administrative relationship in social insurance dispute settlement,etc.When the time is ripe,through the revision of the current relevant legislation,formulate a unified "Social insurance Dispute Settlement Law" and social court,finally realize the complete separation of social security disputes and labor disputes,to provide effective legal basis for the realization of workers’ rights relief.