中国社保法治的现状与未来——《社会保险法》实施效果评估

The Current Status and Future of Social Insurance Law in China——the Evaluation of its Effect

《社会保险法》出台至今,中国社会保险法治成效显著,但也暴露出如下缺失:法律条文缺乏操作性;政策文件而非法律仍是社会保险实施的主要依据;法规文件清理修订尚未全面铺开;一些重大政策走向不明等损害到社会保险法治体系的完善。今后有必要加快后续立法并提高质量,全面改进社会保险执法与经办、监督与司法。

Since the initiation of Social Insurance Law, great progress have been achieved. However, there are still defects in it, such as that, the acts lack operability, policy document rather than laws is the basis to implement social insurance, the revising of some regulation files has not been carried out yet, and the unclear direction of some important policies has influenced the integrity of social insurance legal system. Facing these issues, this paper suggests that it must accelerate legislation and improve its quality, and make full improvement in its enforcement, operation, supervision and justice.