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我国的社会保障改革已经13年了,主要是靠地方行政规章推行,国务院及有关部门也分别制定了一些规定,前几年还提出了社会保障立法,已经做了一些前期工作,但进度不大,至今还没有一部全国性的法律。 立法滞后使社会保障处于无法可依的被动局面,工作力度不够,特别是要将社会保险扩大到非国有制企业,遇到的阻力更大。由于没有法律,社会保险机构与企业及受保人之间的纠纷主要通过协商办法解决,或者借助政府有关部门的行政力量,但不能诉诸法院的强制力量,大大削弱了工作的力度。社会保障改革实际工作中遇到的许多困
China’s social security reform has been 13 years, mainly by local administrative rules and regulations, the State Council and relevant departments have also formulated some provisions, a few years ago also proposed social security legislation, has done some preliminary work, but not much progress , So far there is no national law. Lack of legislation has made social security a passive state of impassability and has not done enough work. In particular, it is more of a challenge to expand social insurance to non-state-owned enterprises. Because there is no law, the disputes between the social insurance institutions and the enterprises and the insured persons are mainly solved through consultation or with the help of the administrative power of relevant government departments. However, they can not resort to the coercive power of the courts and greatly weaken their work. Many difficulties encountered in the actual work of social security reform