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|Authors: ||簡鳳儀;Chien, Fong YI|
|Issue Date: ||2018-08-31 13:54:38 (UTC+8)|
;The social security law in Taiwan has become mature. Compared with other public laws, however, there are still issues to be discussed. As the social security law has gradually been valued, the major problems, such as how to request, the legal basis of the request, and the limitation period in social benefit claims have become crucial.
At first, we would discuss the meaning of social benefit claims, clarify its background, definition, and legal basis, and ensure its legal assurance within the Constitution.
Then, since the rules about extinctive prescription would start if the social benefit claims should be exercised, we analyze the time when the social benefit claims take place and how the rules about extinctive prescription are applied. Furthermore, in the social security law, besides the rules about extinctive prescription, there are also the rules about the limitation period of the application. Both laws and the competent authority regulate the limitation period, which means the people should apply within a certain period of time. Based on J.Y Interpretation No. 609 and No. 723, it is clearly stated that the rules about extinctive prescription should be under the constrain of the Legal Retention Principle. Therefore, authority regulate the limitation period that means extinctive prescription,which is breach of regulation. On the contrary, if the application period is not within the extinctive prescription, the Legal Retention Principle is not applicable at first glance; however, the application period is still within the extinctive prescription. Therefore, it is more adequate to regulate it by law.
When the people acquire the social benefit claims, the subject of administration is obliged to offer, constructing the relation of debtor and creditor. When the Administrative Law regulates, follow its acts. However, such as the reception of the social benefit claims, or the creditor exercise in his the name of himself any right of the debtor which the debtor , or defered performance, the Civil Law can be applied when it is under the purpose and feature of the Social Security Law.
Besides, in order to ensure the social security and the social equity, the social safety net is formed with several social security regulations. Therefore, the people can obtain several social benefit claims simultaneously or successively. However, based on the non-repetitive principle, issues like social security claim concurrence and the lack of protection would happen. How to reach the balance between non-repetitive principle and the lack of protection by law is the key.
At last, the essay offers the research conclusion and suggestion, hoping the development of the Social Security Law can be more complete to ensure the social security and social equity. Also, the right of the social security claimer can be focused and protected.
|Appears in Collections:||[法律與政府研究所] 博碩士論文|
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