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社会保险基金是社会保险制度的物质基础。社会保险基金在其形成、管理与运营的过程当中都离不开国家公权力的介入,凸显出公权化的色彩。但是从社会保险基金形成的法理基础来看,公权力介入是为了保障社会保险权的实现,进一步说是为了整个社会的公共福利,因而具有强烈的社会法属性。社会保险基金采取强制缴纳方式并不意味着以国家征收的形式归属国家所有的财产,而是基于国家责任以保险之名行福利之实,其仍然是归属于参与社会保险的社会成员共同所有的财产。
Social insurance funds are the material basis of the social insurance system. Social insurance funds in its formation, management and operation of the process are inseparable from the involvement of state power, highlighting the color of the public authority. However, judging from the legal basis for the formation of social insurance funds, the intervention of public power is to guarantee the realization of social insurance rights, and further to the public welfare of the entire society. Therefore, it has strong social law attributes. The compulsory payment of social insurance funds does not mean that the State collects all the property owned by the state, but on the basis of state responsibility in the name of insurance benefits, which are still owned by the members of the society involved in social insurance property.