Abstract:In China’s existing social insurance legal relations of subordinate workers, neither employers nor workers enjoy the right to participate in the management of social insurance affairs, which brings problems such as weak centripetal force, lack of flexibility and lack of independence of the social security system. The lack of the right to manage social insurance affairs violates the two basic institutional principles of risk sharing and subsidiarity of social insurance, and finally infringes on the autonomy that social insurance itself should have. The reason behind this is due to the improper establishment of social insurance because of political, economic and conceptual obstacles in the system transformation. Referring to the experience of other countries, based on the essential attributes of social insurance and the unique national condition of China, we should construct independent social insurers in the form of public law associations to ensure the realization of the rights of employers and workers to manage social insurance affairs.