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社会保险权益作为经社文类人权和社会权利,能够赋予其可诉性、使其获得司法救济,仍具有观念性障碍和客观性困难。在社会保险关系已成为社会分配、社会安全和人权保障的基本安排的同时,对相关权益作出完全权利化及可诉性安排,是完全必要的。社会保险关系是复杂的法律关系组合系统,与劳动关系形成捆绑关系的基本养老保险关系中具有劳资双方当事人之间的平等主体之间的平权性关系,仅靠公权力救济是不足的。基于法治成熟国家的经验以及无救济即无权利的事理、法理等逻辑,也须重视该权益的民事可诉性。这是决定我国社会保险立法质量的重要因素。
As the social and human rights and social rights of social insurance rights and interests, the rights and interests of social insurance can be endowed with its litigability and legal aid, which still has the problems of conceptual obstacle and objectivity. While the social insurance relationship has become the basic arrangement for the social distribution, social security and protection of human rights, it is absolutely necessary that the relevant rights and interests be fully rights-based and litigant arrangements. The social insurance relationship is a complex system of legal relations and the basic pension insurance that forms a binding relation with labor relations has the affirmative relationship between the equal subjects between the parties involved in labor and capital. Relief by public power alone is not enough. Based on the experience of the mature countries in the rule of law and the logic that there is no remedy, ie, no right or legal principle, the civil litigability of the rights and interests should also be emphasized. This is an important factor in determining the quality of social insurance legislation in our country.