An Analysis On Practical Way To Solve The Dispute Of Base Check And Ratify Of Social Insurance Fee

Social insurance right is an important civil right in China and it involves personal rights and interests of citizens. When the social insurance payment base approval error makes the employers pay less social insurance charges, declines the social insurance treatment laborers should enjoy, damages the workers’ social insurance rights, workers face relief plight frequently, and often damage their rights since they cannot obtain effective relief. Based on Mrs. Yan’s lawsuit on the X Social Insurance Agency due to payment base approval error as an example, with the four focuses of dispute involved in the lawsuit as clues, the thesis tries to sum up a feasible path to solve social insurance payment base approval disputes.The thesis is divided into five parts. Part one introduces the specific case of Mr. Yan’s lawsuit on the X Social Insurance Agency due to payment base approval error, and outlines the four dispute focus, respectively, whether social insurance payment base approval dispute belongs to administrative disputes, civil disputes and other disputes; whether the organizations handing social insurance have litigation subject qualification and whether they can become the defendant in administrative litigation; how the court should review social insurance payment base approval and whether the behaviors determined by the fact should be reviewed and approved; what kind of judicial review intensity should be reached if it needs reviewing; what path workers should choose to relieve their damaged right if the claims are beyond the statute of limitations.Part two to five analyzes the four focus questions emphatically by combining the case and using theory knowledge. The part two defines the behavior of social insurance payment base approval and the connotations of the dispute of social insurance expends base approval and then argues the kind of dispute should belong to the civil and administrative cross-cases from theoretical controversy, practice, compound social insurance and the complexity of legal relationship in social insurance.The part three argues social insurance agencies have the administrative subject qualification from the aspects of the standard of administrative lawsuit defendant, the establishment, development, the function contents and the powers granted by law of social insurance agencies that China establishes.The part four discusses the strength of the court review payment base approval form the perspectives of the contents and scopes of the specific administrative act of judicial review, review intensity that the review question of fact follows, as well as the selection and exclusion about the documentary evidence in the cases.The part five argues the kind of relief path that workers can choose when the claims are beyond the statute of limitations by analyzing whether the plaintiff in the case is beyond the statute of limitations; whether the administrative organs can take the initiative to give up administrative statute of limitations of defense and whether the expiration through administrative statute of limitations will make the substantive right lost.Change the prosecution deadline base on social insurance payment approval behavior to the date of applying for the redemption of insurance benefits.