Construction of Legal System of Social Insurance in the Context  of Ruling the Country by Law

 

Zheng Shangyuan （Tsinghua University）

 

Abstract:The legal system of social insurance is an important part of China's socialist legal system.Social insurance system originated in Germany.As early as the beginning of the last century, in the course of “the West Law spread to the Orient”, the legal system in this area was also involved in this historical process. Japan and Taiwan successively finished different social insurance projects and their legislation in order, formed a relatively complete social security legal system, and then established the social insurance rule of law.China's social insurance system was first established in mid-1980s, after which, with the promulgation and implementation of the Regulations on Unemployment Insurance, Interim Regulation on the Collection and Payment of Social Insurance Premiums , Regulation on Work-Related Injury Insurance and the Social Insurance Law, started the process of legalization.However,the current social insurance system is far from the requirements of the rule of law on the legislative, administrative to judicial levels. To realize the rule of law in the field of social insurance, the legislation needs to be accurate, the administration must follow the rule of law, and the judicial remedy needs to open its door.

 

Key words:social insurance dispute; law-based governance; Social Insurance Law