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20世纪90年代以后,中国社会保障制度走向定型,社会保障行政争议处理被纳入法制轨道。在行政复议与行政诉讼的前后关联上,社会保障行政争议解决经历了从最初的强制性复议前置为主,到当下的复议诉讼自由选择为主的发展历程。规则变迁的背后,是效率与自由,理想与实用等理念的冲撞分合。展望未来,随着复议制度的改进,社会保障领域仍应实施强制性的复议前置,并需设置配套规则来化解其可能的弊病。
Since the 1990s, China’s social security system has taken shape and social security administrative disputes have been incorporated into the legal system. In the context of administrative reconsideration and administrative litigation, the administrative dispute settlement of social security has undergone a course of development mainly from the initial mandatory review to the present free trial of reconsideration proceedings. Behind the change of rules is the collision and division of ideas of efficiency and freedom, ideals and practicality. Looking ahead, with the improvement of the reconsideration system, the compulsory reconsideration preemption should still be implemented in the field of social security, and supporting rules need to be set up to resolve its possible shortcomings.