Research on Several Questions of Our Country’s Social Insurance Law
|School||Central China Normal University|
|Keywords||The relationship between social insurance laws The right to social insurance Legislative concept|
The decision of the CPC Central Committee on perfecting the socialist market economic system \The social insurance system as a pillar of the social security system becomes more and more apparent. Social insurance, also known as social welfare insurance, it refers to the adoption of national legislation is designed to enable workers to establish because of old age, sickness, maternity, disability, death, the reason for the loss of the ability to work or work opportunities lost sources of livelihood of themselves and their families , a social security program to material assistance from social or national. At present, the legal system of China's social insurance, there are many contradictions and problems in the practice run, to some extent affected the construction of a socialist market economy. This situation has been more and more attention from scholars, the legal systems of social insurance is undoubtedly of great practical significance. In this paper, the concept of the relationship between the content of the social insurance law, the main and legislative perspective on the legal system of China's social insurance made superficial analysis and discussion. The first part, a brief analysis of the relationship between social insurance law. Departure from the basic legal relations theory, analysis of the content and the subject of the legal relationship between elements of social insurance, social insurance law relationship is expanded around the main rights of the workers, the laborers are all the ability to work and the citizens of the corresponding labor and their close relatives, in addition to the ability to work without the corresponding labor meaning citizens, laborers are the most important subjects of rights; social insurance legal relationship between the main countries, enterprises and other organizations, the rights are given for the realization of the right to social insurance more obligations. Which countries as the most powerful organization, the social insurance law relationship class body, the realization of the right to social insurance depends on the positive obligation of the state, the state is the most important obligations of principal; enterprises and other organizations, but also the social insurance law The important subject of the relations, institutions and community groups and other organizations can play multiple roles in the social insurance law relationship has multiple rights and obligations. The second part, the status quo of China's social insurance legislation and inadequate. A brief review of the situation and lack of legislation since the reform of China's social insurance, that the shortcomings of China's social insurance legislation: social insurance legislation involving insurance coverage that the object is too narrow: social insurance legislation is not uniform; social insurance legislation In terms of oversight, especially the regulatory aspects of the social insurance fund paid insufficient attention and social insurance legislation currently provides poor relief ways. Pointed out the improvement of China's social insurance legislation is an urgent need to face and solve the problem. The third part, to improve China's social insurance legislation of conception. That the legal system of China's social insurance legislation is perfect from the perspective of the legislative concept, the thorough examination and review of the existing social and legal system legislation, can no longer meet the current shortage and the urgent need to address the problem of China's social insurance legislation both the tinkering perfect way; specific legislation under the guidance of the concept of the right to life philosophy, national obligations, philosophy and social autonomy concept to improve the social insurance legislation, and to combine these ideas of social insurance coverage, social insurance relief, social insurance fund regulatory and unified legislation of social insurance and legal system, some preliminary recommendations.