Social insurance is the basic component of the social security system。Article 2 provisions of the "Social Insurance Law" in my country，Establish basic endowment insurance、Basic Medical Insurance、Work Injury Insurance、Unemployment insurance、Maternity Insurance and other social insurance systems，Guarantee citizen is old、Disease、Injury、unemployment、Fertility and other rights to obtain material help from the country and society。From the perspective of risk society，Modern society due to globalization、Urbanization forms high density、High -flowing crowd structure，Make old age、unemployment、Social risks such as sudden infectious diseases have a wider influence、Destruction is stronger。New crown pneumonia's epidemic at the end of 2019 causes major casualties and serious economic losses，In the early days of the epidemic, the cost of admission treatment for patients was included in the scope of medical insurance reimbursement，Virus testing costs of non -admitted personnel can also be paid by medical insurance personal accounts，Highlighting the important institutional function of social insurance in social risks。With the further improvement of my country's social insurance system，Increase the awareness of citizen insurance rights，The number of social insurance disputes will show a growth trend。For this，Social insurance dispute processing system should strengthen the relief function，Streaming procedure connection，The last ring of building a social security network。

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The current social insurance dispute handling system is based on controversial parties，Divide dispute types into labor disputes and administrative disputes，bet365 best casino games Applicable different processing procedures，A "dual structure" formed two types of controversial coexistence。where，Labor dispute refers to the dispute between the use of social insurance between people and workers due to social insurance。Article 83 of the Social Insurance Law promulgated in 2010 stipulates，"Personal social insurance disputes with the employer where they are located，You can apply for mediation in accordance with the law、Arbitration，Litigation of litigation "。Connected to this regulation is the labor dispute processing system。"Labor Dispute Mediation Arbitration Law" stipulates，"Applicable for the dispute between employers and workers due to social insurance"，Including mediation and labor arbitration，The latter is a must -have for litigation，"If you are dissatisfied with the arbitration,，​​Except for the other regulations in this law，You can file a lawsuit with the people's court "。The Supreme People's Court's Explanation on Several Issues on the Application of Laws for Labor Dispute Cases (1)、(2)、(3) The main disputes between employers and workers due to social insurance: first，After retirement of the workers，The original use of the original person units that have not yet participated in social insurance coordinated due to pension、Medical fee、Disputes of work injury insurance benefits and other social insurance premiums; second，Labor due to work injury、Occupational disease，Requesting employers to undertake controversy to work injury insurance benefits in accordance with the law; third，Workers do not go through social insurance procedures for the employer，and the unable to make up for the social insurance agency that can not make up for it that it cannot enjoy social insurance benefits，If the employer is required to compensate for the loss and controversy,。

other，Administrative dispute refers to the dispute between the use of people or individuals bet365 live casino games and social insurance agencies or toll institutions。Article 2 provisions of the "Measures for Social Insurance Administrative Disputes" introduced in 2001，Social insurance administrative dispute refers to the agency in accordance with the law、Regulations and relevant regulations in the process of social insurance affairs，with citizen、Disputes occurred between legal person or other organizations。Since then，Due to some places, the function of levying social insurance premiums is classified as the tax department。So，"Social Insurance Law" provides "social insurance premiums" and "Social Insurance Office" as two institutions，Article 83 1、Two paragraphs stipulate that the dispute between the employer or individual and the two institutions "can apply for administrative reconsideration or file a lawsuit in accordance with the law"。

The "dual structure" of the social security dispute processing system has its specific historical background，It is mainly due to the long -term attachment to the labor relationship because of the long -term social insurance，Caused the confusion of the two。Before the promulgation of the Social Insurance Law，Article 2 provisions of the "Regulations on the Treatment of Enterprise Labor Disputes" issued by the State Council in 1993，Due to the implementation of the state -related salary、Insurance、Welfare、Training、Disputes in the provisions of labor protection are handled according to labor disputes。This position was confirmed in the "Labor Law" introduced in 1994，Chapter 9 of the Law specifically stipulates "Social Insurance and Welfare"。This period coincides with the planned economy to transform to the market economy，The real social insurance system has not yet been established，State -owned enterprises are the basic form of employers，The obligation to provide employees with protection and benefits is negative。Bet365 app download In this background，The concept of "social insurance is the content of the labor contract between employers and workers" and continues。The Labor Contract Law issued in 2008 lists social insurance as one of the provisions of the labor contract，and the employer does not pay social insurance premiums in accordance with the law，Workers can terminate the contract。Based on this concept，Social insurance in the worker、Employer、A labor relationship between a worker and the employer formed between the three parties of the social security agency、Administrative relations between a worker or employer or social security agency (including charges and scriptures)。This is the basis of the "dual structure" of the social security dispute system。

　　Social insurance contains two public law relations

This understanding and splitting of social insurance relations is against the law of social insurance。Social Insurance is a payment administrative system，It aims to achieve the government's "survival care" of the people，Social risks formed by decentralized industrialization。Social assistance、Social compensation and other governments directly grant the benefits of the counterparty to the administrative difference，Social insurance through the introduction of insurance mechanisms to construct legal relations。Although there are social security agencies、The subject of the employer and the worker，But the three are not a combination of two different nature of legal relationships，Instead, a single public law relationship formed by performing the administrative functions around the social security agency's performance。From the concept of insurance principle，The social security agency is the insurer，Responsible for registration、The obligation to pay for insurance benefits during insurance accidents。The worker is the insured，negative payment obligations，Bet365 app download Enjoy the right to request social security institutions to pay insurance benefits when the insurance accident occurs。The employer is an insurance obligor，Based on the legal regulations, it takes responsibility for social security registration、Payment and other obligations，The legal relationship between its and social security institutions is social insurance assistance，It exists with the social insurance relationship between the social security agency and the workers。So，Social insurance relations between social security agencies and workers are the main legal relationship (first -sex legal relationship); social insurance agency and employer's social insurance assistance legal relationship relation)。The former is based on the former and purpose。

There is a labor relationship between the employer and the workers，But the labor relationship is only a prerequisite for the employer to undertake the legal obligation of social insurance。After the employer handles the social insurance registration for the employer，Social insurance relationship has been formed，The labor relationship between the employer and the workers is independent，The termination or termination of labor relationship alone will lead to the exemption of the employer's legal social insurance assistance，The social insurance relationship between the social insurance agency and the workers still exists，But it may be suspended due to the lack of legal elements (insurance auxiliary)。After the employee is re -employed，With the new employer's performance of social insurance assistance，Social insurance relations can be recovered。So，The legal auxiliary obligations of the employer are not workers，but the social insurance agency，It aims to complete the administrative task of payment。Visible，In social insurance，There is no legal relationship between the employer and the workers。Social insurance Bet365 lotto review contains two public law relations，That is the public law relationship between the social security agency (insurer) and the worker (insured)、Public law relationship between the social security agency (insurer) and the employer (insurance obligor)。

　　Return to administrative dispute processing procedures

The current social insurance dispute processing system alone has a single labor dispute.，Added the cost of relief for workers，It also damages the public interest represented by social insurance。Taking the controversy of the ownership of the employer to pay the insurance premiums as an example，In addition to prove that the employer has not paid in full,，Usually it is also proved to be losses suffered due to the failure to enjoy social insurance benefits。This proof requires too rigorous workers，Obviously beyond the information and ability scope of the personal grasp。and，The insurance treatment of the employer and the personal insurance treatment of the worker is not a corresponding relationship，It corresponds to the social public interest represented by the Social Security Coordination Fund，The handling of labor disputes can only be a certain amount of the employer to compensate the workers。This result can not replace the long -term guarantee function of social insurance to the individual of workers，It can also make up for the loss of the social security overall fund。

So，The primary task of the reform of the social insurance dispute processing system is to abolish the labor dispute handling system，Make the current dual structure return to administrative dispute processing procedures。Public law attributes based on social insurance relations，Disputes of social insurance as the target shall be resolved through the administrative dispute handling system，Covering social insurance registration、Payment、Pay、Compensation and other aspects。There is no social insurance labor dispute between employers and workers，Disputes generated by the employer's failure to fulfill the legal obligations of the social security shall be included in the function of the social bet365 live casino games security institution，The employer should bear public law responsibility，instead of damages in labor law compensation liability。

(Author Unit: Institute of Law of the Chinese Academy of Social Sciences)