我国社会保险制度的强制性问题研究

On the Mandatory Character of Social Security System in China

我国社会保险的强制力不足已经导致了诸多的社会问题,诸如:守法的用人单位成本增加,劳动者的社会保险落空,劳动关系恶化,为社会保险制度本身带来了安全隐患等。要解决这些问题需从三方面改革:一是要按照权责一致的原则完善社会保险费征收的行政处罚制度,二是要对欠费情节严重者施加刑事处罚,三是要针对我国目前存在的问题重新完善社会保险费征收机制。

The deficiency of the mandatory power in the social security system has resulted in many problems, such as that the cost of the employer who pays the premium is increased, the employee could not get social insurance, the labor relations are getting worse, and dangers emerge in the social insurance system. Three measures need to be taken to solve the present problems：the first is to construct a new system in premium collection in accordance with the rule of conformity of right and obligation;the second is that those who refuse to pay social insurance premium or delay in such payment should be considered as a crime;the third is that the current premium collection system needs to be improved.