新时代社会保险法治的思考与展望

Thinking and Prospect of the Rule of Law of Social Insurance in the New Era

党的十九大报告以较大篇幅要求"全面依法治国""加强社会保障体系建设"。社会保险法治应以安全、公平为最高宗旨,如果社会保险的改革损害公平,损害到民众的安全预期,则不仅背离法治理念,而且蕴含巨大风险。相应地,安全、公平应成为社会保险法律制度的构建与实施、改进和完善的总体指导思想与衡量尺度,并据此对社会保险法律制度的未来予以展望。

The report of the 19th National Congress of the CPC emphasized the value of the country’s governance based in law, and strengthening the social security system. The legal system of social insurance should take security and fairness as the supreme purpose. On the contrary, when the reform of social insurance system leads to unfairness or do harm to people’s stable expectations, it will not only violates the values of rule of law, but also brings huge risks. Accordingly, safety and fairness should be the overall guiding ideology and measure of the construction and improvement of the social insurance legal system. In view of above, this paper forecasts the ideal picture of social insurance legal system of China.