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我国目前的社会保险权利补救制度是依据争议双方身份的不同而设计的,分为劳动争议仲裁处理机制和行政争议处理机制。现行劳动争议处理机制,忽视了社会保险权和社会保险制度的特点,主要是通过行政途径进行救济。对于现行行政争议处理机制,应该精简供劳动者选择的备选程序,充分发挥行政内救济的优势。
At present, the remedy system of social insurance rights in our country is designed according to the different identities of both parties involved in the dispute, which is divided into labor dispute arbitration mechanism and administrative dispute resolution mechanism. The current labor dispute handling mechanism ignores the characteristics of social insurance rights and social insurance system, mainly through administrative channels for relief. As for the current administrative dispute handling mechanism, alternative procedures for workers’ selection should be streamlined and the advantages of internal relief should be given full play.