Research on the Subjects of Social Security Law: A Perspective Based on the Theory of Interest Balancing

Author: Zhou Baomei
Publisher:
Publish Date: 2005-10-01
Features: This book focuses on an important component of the fundamental theories of social security law—the theory of social security law subjects. Through an analysis of research findings on the theory of social security law subjects, this book employs research methods such as linking theory with practice, comparison, historical analysis, and induction-deduction to develop and deepen the study of subject theory, particularly through an in-depth and detailed exploration of the development of subject theory in the reforming social security legal system. It proposes the theoretical viewpoint of interest balance among social security law subjects.
The study of social security law subjects is an important aspect of the fundamental theoretical research on social security law. Social security law subjects are participants in social security legal relationships recognized or created by social security law, and they are the bearers of rights and obligations stipulated by social security law.
This paper first analyzes the general theoretical issues of social security law subjects. By reviewing and analyzing existing research findings, it categorizes social security law subjects into two types—protected subjects and providers—and discusses them separately. It argues that protected subjects are natural persons who meet the provisions of social security law and are entitled to social security benefits, and they are natural persons living in society who differ from one another. Providers are subjects that bear the obligation to ensure the realization of social security rights for protected subjects. Given the complexity of providers, this book examines them from the perspective of their organizational forms, discussing separately the state and state organs, employers, and non-profit organizations as social security providers.
Through an analysis of the historical evolution of social security law subjects, this book concludes that the changing patterns of social security law subjects follow the principle of balancing and maintaining subject interests under a given level of economic development. While socio-economic changes are one of the many reasons driving reforms in social security law subjects, they are not the only reason. However, socio-economic changes are the fundamental cause of such reforms. Social security law regulates various interest relationships within the social security field, where these interests often diverge or conflict. Social security law aims to balance these conflicting interests. Fundamentally, the existence of the social security system is a shared interest among all subjects. Only by ensuring the existence and stable development of the social security system can the interests of all social security law subjects be preserved.
It is precisely because subjects share fundamental interests in the field of social security that their interest conflicts can be balanced and coordinated. This book conducts a relatively in-depth study and exploration of the construction of the social security law subject system from the perspective of interest balance theory. It also discusses reforms in China's social security legal system, proposing suggestions and recommendations based on the viewpoint of interest balance theory.
The establishment of social security law subjects in China should adhere to the principle of interest balance. It is proposed to expand the scope of protected subjects in China's insurance-based social security programs, reclassify the financial obligations of social security law subjects, and coordinate the relationship between basic and supplementary social security programs to weave a more rational and robust "safety net."