灵活用工模式下社会保险的法律适用困境与制度保障路径研究

Research on the Legal Application Dilemmas and Institutional Security Paths of Social Insurance under the Flexible Employment Mode

摘要: 灵活用工模式作为数字经济时代的新型就业形式，在促进就业灵活性和经济增长的同时，也带来了社会保险法律适用的诸多困境。我国现行社会保险制度以“全日制劳动关系”为预设前提，与灵活用工“灵活性、流动性、非典型性”的特征适配性不足，导致社会保险参保率低、权益保障不足等问题，也制约了灵活用工市场的健康发展。本文立足灵活用工的多元形态与实践现状，剖析灵活用工模式下社会保险法律适用的现实困境，从立法完善、缴费机制优化、监管体系强化、司法救济完善四个维度，构建一套能够适配多元用工需求的社保保障框架，以期实现灵活用工主体权益与用工市场有序发展的双重平衡，为数字时代社会保险法治建设提供理论支撑与实践指引。

Abstract: As a new form of employment in the era of digital economy, the flexible employment mode has brought about many dilemmas in the legal application of social insurance while promoting employment flexibility and economic growth. China’s current social insurance system is based on the prerequisite of “full-time labor relations”, which is insufficiently adaptable to the “flexibility, mobility, and atypicality” of flexible employment. This has led to problems such as low participation rates in social insurance and insufficient protection of rights and interests, which also restricts the healthy development of the flexible employment market. Based on the diverse forms and practical status of flexible employment, this paper analyzes the practical dilemmas of the legal application of social insurance under the flexible employment mode. From the four dimensions of legislative improvement, optimization of payment mechanisms, strengthening of the supervision system, and improvement of judicial remedies, it constructs a social insurance security framework that can adapt to diverse employment needs. The aim is to achieve a dual balance between the rights and interests of flexible employment subjects and the orderly development of the employment market, providing theoretical support and practical guidance for the rule of law construction of social insurance in the digital era.