我国社会保险监督机制研究

发布时间：2018-03-21 02:14

本文选题：社会保险　切入点：监督机制　出处：《华中师范大学》2016年硕士论文　论文类型：学位论文

【摘要】：随着我国社会保险覆盖面的不断扩大,社保水平不断提高,社会各界对于社会保险的关注持续增加。经过近三十年的渐进式发展,我国在社会保险监督法律建设和制度建设方面取得了一定的成效。尤其是2010年《社会保险法》的出台,更是为社会保险监督事业的发展添上了浓墨重彩的一笔。然而,尽管该法在第10章专门规定了社会保险监督的事项,但是实践也暴露出了很多问题。现行法律关于社会保险监督的立法比较分散,而且总体上规定比较抽象缺乏具体操作性。同时,一方面有些规定已不符合现实发展需要,另一方面很多亟待规范的行为无法可依。简言之,社会保险监督立法滞后的局面仍然没有得到解决。因此,推进社会保险监督立法的更新任务非常迫切,不仅是从社会保险法律制度上对社会保险监督法律加以完善,还要从宪法、行政法等其他法律方面进行努力,加快法制体系建设,从而促进整个法律体系的和谐。并且,加强相关领域的配套合作,增强公民的社会保险权的可诉性。这种可诉性的安排主要通过宪法、行政法、刑法等实现,让监督主体不仅能行使监督权,还使监督权的行使有结果,即主体所发现的违法违规操作能够得到相应的制裁,进一步警醒潜在违法者,实现制度效益的最大化。就现有的社会保险监督机制来看,其体制构建不科学,监督涉及的部门繁多,需紧密合作方能避免监督盲区,但现实是要做到这点难度颇高。首先体现在监督主体设置上过分偏重于行政机关,司法机关的监督比较缺乏,主体之间力量难以制衡。同时,参与行政监督的各部门机关多直接参与社保基金的收缴与运营,它们既是经营主体又是监督主体,其监督效果可想而知。长此以往,社保基金的抗风险能力必然减弱,人民群众的切身利益必被损害,政府公信力及公众对社会保险制度的信心也必然下降,这显然不利于社会的稳定与健康发展。其次体现在各个监督主体的权限划分不明确,不利于各主体的认真履职。最后还体现在监督程序方面,社会监督(尤其是公民个人和社会组织)的程序规定不够,这使得很多人不知道如何行使自己的权利,久而久之自己的监督权意识也就淡化了。基于这些问题,科学构建社会保险监督机制是必不可少的举措之一。在社会保险监督机制的理论构建上,社会保险监督的主体、社会保险监督的对象、社会保险监督的方式和内容等的科学安排非常重要,社会保险监督主体的设置中尤其应重视司法机关监督和社会监督,根据各自的监督对象合理划分权限,并以与各自职业特点相结合的方式作为行使监督权的有效途径。
[Abstract]:With the continuous expansion of social insurance coverage in China, the level of social security has been continuously improved, and the attention of all sectors of the society to social insurance has continued to increase. After nearly 30 years of gradual development, In our country, some achievements have been made in the legal construction and system construction of social insurance supervision, especially the introduction of the Social Insurance Law in 2010, which has added a lot to the development of social insurance supervision. However, Although the Act specifically provides for the supervision of social insurance in Chapter 10, practice has exposed many problems. The legislation on social insurance supervision in the current law is relatively fragmented. At the same time, on the one hand, some of the provisions are not in line with the actual development needs, on the other hand, many behaviors that need to be standardized cannot be followed. In short, Therefore, the task of promoting the updating of social insurance supervision legislation is very urgent, not only to perfect the social insurance supervision law from the social insurance legal system, We should also make efforts in terms of constitution, administrative law, and other legal aspects to speed up the construction of the legal system so as to promote the harmony of the entire legal system, and to strengthen complementary cooperation in related fields. Enhancing the justiciability of citizens' right to social insurance. This kind of actionable arrangement is mainly realized through the constitution, administrative law, criminal law, etc., so that the supervisory subject can not only exercise the supervisory power, but also make the exercise of the supervisory power fruitful. That is, the illegal and illegal operations found by the subject can be punished accordingly, further alert the potential violators, and realize the maximum benefit of the system. From the point of view of the existing supervision mechanism of social insurance, the construction of the system is not scientific. There are many departments involved in supervision, so close cooperation is required to avoid the blind areas of supervision, but the reality is that it is quite difficult to achieve this. First of all, the establishment of the main body of supervision is too heavy on the administrative organs, and the supervision of the judicial organs is relatively lacking. It is difficult to check and balance the power between the main bodies. At the same time, most of the departments involved in the administrative supervision are directly involved in the collection and operation of the social security fund. They are not only the business subjects but also the supervisory bodies, and the effect of their supervision can be imagined. The ability of social security funds to resist risks is bound to weaken, the vital interests of the people will be damaged, and the credibility of the government and public confidence in the social insurance system will inevitably decline. This is obviously not conducive to the stability and healthy development of the society. Secondly, it is reflected in the unclear division of the powers of the various supervisory bodies and in the serious performance of their duties. Finally, it is also reflected in the supervisory procedures. The lack of procedural provisions for social supervision (especially individual citizens and social organizations) has left many people unaware of how to exercise their rights, and over time their sense of supervision has diminished. Scientific construction of social insurance supervision mechanism is one of the necessary measures. In the theoretical construction of social insurance supervision mechanism, the main body of social insurance supervision, the object of social insurance supervision, The scientific arrangement of the way and content of social insurance supervision is very important. In the setting up of the main body of social insurance supervision, we should pay special attention to the supervision of the judiciary and the social supervision, and reasonably divide the authority according to the objects of supervision. And with the combination of their own professional characteristics as an effective way to exercise the power of supervision.
【学位授予单位】：华中师范大学
【学位级别】：硕士
【学位授予年份】：2016
【分类号】：D922.182.3

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