Differentiate application of time limit for the recovery of social insurance premiums
For a long time,whether to apply the prescription to social insurance premium is a difficult problem in practice.Whether administrative organs or judicial organs,there are problems of"different treatment in different regions"and"different trial in the same case"on whether the prescription applies to social security recovery.The relationship between the two-year prescription of supervision in Labor Security Supervision Regulations and the indefinite recovery in the Social Security Law needs to be further determined.From the perspective of jurisprudence,the investigation and punishment includes the order to correct and the administrative punishment;the former is not subject to the limitation of punishment,and the latter is subject to the limitation of punishment.Social security recovery is an administrative order,which should not be limited by the limitation,but social security recovery is faced with policy problems and realistic predicament,and there is no realistic possibility of implementation of indefinite social security recovery.To this end,the social security recovery behavior should be purposefully limited,in line with the purpose of the basic security of workers,and some cases of social security arrears are no longer indefinite recovery,so as to gradually solve the historical problems of social security arrears.
social insurance premiumlimitation of recoveryorder correctionlimiting case
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