CAJ | 학술논문

《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。
《사회보험법》출태지금，중국사회보험법치성효현저，단야폭로출여하결실：법률조문결핍조작성；정책문건이비법률잉시사회보험실시적주요의거；법규문건청리수정상미전면포개；일사중대정책주향불명등손해도사회보험법치체계적완선。금후유필요가쾌후속입법병제고질량，전면개진사회보험집법여경판、감독여사법。
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.