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Social insurance administrative litigation to resolve disputes Mechanism

Author: LiuLianWang
Tutor: LuPingHui
School: Central University for Nationalities
Course: Legal
Keywords: Social insurance Fundamental rights Administrative proceedings
CLC: D922.182.3
Type: Master's thesis
Year: 2011
Downloads: 59
Quote: 0
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Abstract


Social insurance rights of citizens are legally entitled to pension , medical, unemployment , work injury , maternity protection rights is a constitutional fundamental rights of citizens . With the development of society, the right to social security is a kind of different from the traditional fundamental rights of citizens a right complex . Therefore, the realization of the right to social security is a complex project. From a legal point of view, the realization of the right to social security is manifested substantive rights mechanisms and procedures to achieve the realization of rights mechanisms of two parts , while the procedural rights of the dominant mechanism - arbitration and litigation . In China has just issued the \Legal analysis of the relationship , the labor dispute process to achieve social insurance , there are both theoretical misunderstanding implementation barriers also exist , and in this complex legal relationship, civil remedies for social insurance role of judicial relief more limited. Therefore, by design is different from the ordinary administrative proceedings relief program and the corresponding administrative proceedings to resolve disputes over the right to social insurance , is resolved in the context of prior realization of the right of social insurance is the most fundamental topics.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > The Home and Social Security, Service Management Act > The Social Security Act
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