Study On Legal Remedy Of Social Insurance Supplementary Payment Disputes In J City

The social insurance system occupies a core position in the entire social security system and it is an important system which can guarantee civil rights,decentralize enterprise risk,and it can ensure long-term peace and stability in society.In the operation of the social insurance system,there are many disputes between employers and employees in many aspects.The payment of employees and employers is related to their respective interests.There is a great number of evasions of social security payment in our society because employers and employees are motivated by self-interest.Therefore,there are a large number of social insurance supplementary payment disputes between employers and employees.According to the investigation in the Intermediate Court and the Municipal Human Resources and Social Security Bureau of J City,there is a preponderance of social insurance supplementary payment disputes among the social insurance disputes.The legal remedy for social insurance supplementary disputes relates to the protection of rights of employees and the integrality of social security system of China,and it is related to the social harmony and stability.This article takes J City as an example to analyze the status and existing problems of legal remedy for social insurance supplementary disputes and to put forward suggestions for solving these problems.Besides the introduction and conclusion,this article is divided into four parts with about twenty thousand words.The first part analyzes the status of social insurance payment disputes in J City.This section takes the concept of social insurance disputes and social insurance payment disputes as the theoretical basis,and analyzes the four cases retrieved by the Intermediate People's Court of J City and relevant data from the investigation of the Human Resources and Social Security Bureau of J City to objectively elaborate social insurance supplements.The status quo of legislation on legal remedy for disputes,the judicial remedy forthe settlement of social insurance in J City,and the status quo of administrative remedies provide the basis for the current state of the legal remedies for disputes over social insurance contributions,the discussion of issues,and the analysis of causes.The second part analyzes from the perspectives of legislation,justice and administration,and points out the problems existing in the legal remedy for social insurance compensation disputes in J City.The existence of legal provisions in the legislation is scarcely general and ambiguous.Judicial remedies have problems that can be explored in terms of the scope of the case,the timeliness,and the court's attitude toward such disputes.Administrative remedy has the problem that the enforcement agencies are not unified.Insufficient enforcement and other issues.The third part deeply analyzes and discusses the reasons for the above-mentioned problems from various angles.The reason why the legislative content in the social insurance field is incomplete is very much related to the existence of a large number of authorizing provisions in the legislation and the guiding ideology of our country's legislation.At the same time,citizen ' s own legal consciousness is also one of the indispensable reasons,and social reasons are analyzed from China's national conditions and economic factors,such as the influence of national conditions on legislation and the impact of employer's own economic capacity on social insurance inaccuracy.Wait.The fourth part proposes solutions to the above problems.This part of the article addresses the above-mentioned issues and proposes solutions to problems in aspects of legislation,judicature,and administration.Legislature should clarify the range of cases and unify the social insurance administrative departments.Judicial remedy of social insurance supplementary payment disputes should be accompanied by an expert review system,or a special trial organization,and it's necessarily to set a special limitation system.In the perspective of administrative remedy,we need to perfect the laws and regulations of rewards,punishments and subsidy.And we should improve theprescription system of administrative remedy.It is crucial to enhance the citizen's legal consciousness and it can fundamentally solve these problems of social insurance supplementary payment.