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A Study Of The Legal System Of Social Insurance Dispute Resolution

Posted on:2023-05-19Degree:MasterType:Thesis
Country:ChinaCandidate:Q S SongFull Text:PDF
GTID:2557306773971949Subject:Economic Law I (Professional Degree)
Abstract/Summary:PDF Full Text Request
The social security system is the product of the development of the western industrial society to a certain stage.The system aims to provide basic material life security for citizens who encounter difficulties.The core of the social security system is social insurance.The function of social insurance is to differentiate social risks through the law of large numbers,reduce the risk burden of workers,and ultimately achieve the purpose of maintaining social stability.It specifically includes five aspects: endowment insurance,medical insurance,work injury insurance,unemployment insurance and maternity insurance.With the continuous development of the market economy and the improvement of the social security system,the coverage rate of social insurance has continued to rise,and the number of social insurance-related cases has increased,and the problems existing in my country’s social insurance dispute settlement system have become more and more obvious.This not only hinders the development of my country’s social security system,but also has a negative impact on the harmony and stability of the entire society and the realization of workers’ individual social insurance rights.This paper mainly takes my country’s social insurance dispute settlement system as the research object,and summarizes the problems existing in my country’s social insurance dispute settlement system by sorting out the current legislation and judicial practice.,put forward reasonable suggestions for improving my country’s social insurance dispute settlement system to meet the needs of resolving social insurance disputes at the current stage.This paper argues that there are multiple legal relationships involved in social insurance disputes,and defining its concept first is of great significance to distinguish social insurance disputes from other disputes.Secondly,it introduces the existing problems of my country’s social insurance dispute settlement system,including the conflict between legislative texts and judicial interpretations,the unclear role of employers in dispute settlement,and the poor operation of the litigation mechanism for social insurance disputes.Thirdly,by comparing the judicial practices,institutional arrangements and procedural design of social insurance disputes in Germany,Japan and Chinese Taiwan,we will summarize the corresponding system experience that can be used for reference in my country,such as clarifying the scope of responsibility of employers in social insurance disputes.,and pay attention to professionalism and independence in the staffing of social insurance processing agencies.Finally,this paper proposes that it can be improved in the following aspects: the relevant legal provisions on social insurance disputes,clarifying the position of employers in the social insurance law,and optimizing the judicial processing mechanism of social insurance disputes.Among them,the improvement of the judicial handling mechanism includes specific suggestions such as establishing a special statute of limitations system and enhancing the professional quality of judges.The focus is on optimizing the existing system,expecting the social insurance law and the social insurance dispute settlement system to develop to a relatively mature stage,and trying to set up a professional social court to deal with specific social insurance disputes is more conducive to protecting the legal rights of relevant insured persons.
Keywords/Search Tags:Social Insurance Disputes, Social Insurance Law, Labor Dispute
PDF Full Text Request
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