Study On The Principle Of Social State

The principle of social state, one of the basic principles of the modern constitution,derives from the social state concept of the former constitution. The social state concept ofthe former constitution is not involved in constitutionalism, which goal is only to preventthe poor riot, maintaining social stability. There are three types of constitutional social stateconcept: types of rights provisions, the basic constitutional principle, and rights provisionswith the basic principles of the constitution. The constitutions contain the latter two can beknown as the constitutions that encompass the principle of social state. The connotation ofthe social state principle should not be a broad understanding, which should only consist ofcitizens' economic security and social economic justice. And thus, it is appropriate todefine the normative strength of the principle of social state as institutional safeguards. Theprinciple of social state reflects the basic goal of the modern state and the value orientationof the modern constitution; represents the future development of the modern constitutionand the combination of the rule of law; contributes the implementation of social rights inthe legal system.The principle of social state possesses solid theoretical foundations. In modern risksociety, social solidarity is an important factor to maintain the community, thus it is thenational rational basis of the principle of social state. The importance of equality amongpeople and the equal specific responsibilities are derived from human dignity, and theyconstitute the constitutional ethical basis of the principle of social state. Though it isimpossible to prevent the social development, social arrangements of the constitution canalso lead the social development. Human development, which ought to be the goals ofsocial development, is the basis of the principle social state involved in social developmentconcept. Social solidarity is necessary for a modern risk society; human equality is thelogical premise of the principle of social state; human development is the goal of theprinciple of social state. They as a whole condition the features and developments of the principle of social state.The principle of social state possesses the characteristics of the integration with therule of law; the distributive justice; the state responsibility, which annotate the normativefeatures of the social state principle. The relationship between the principle of social stateand social rights highlights the instrumental value of the former. Whether social rights arebasic rights is being questioned. Social rights are still faced with the deficiencies of theconstitutional provisions. The content of social rights is very broad, facing the difficultiesof judicial relief. The principle of social state recuperates the deficiencies of social rights inthe constitutional provisions, and specialize its contents. In accordance with the principleof social state, the judicial relief to social rights has "Weak courts, strong rights" legaleffect.In different countries and regions, the legal systems of the social state principle aredissimilar in practice, and different views also exist in theory. According to the importantfactors affecting the principle of social state and Paragraph4of Article14of theConstitution, We identify the legal system of the social state principle in our country withthe social security legislation, which involves the legal systems of social insurance, socialassistance, and social promotion. China's social security legislation has not yet reachedperfection. For example, though there were lots of achievements in the provisions aboutnational basic medical insurance in "the Social Insurance Law", the following aspects needto improve: It is necessary to add the national compulsory insurance system; to improvethe classification system of premium and set up equal payment system of insurancebenefits; to improve the coordination between the basic medical insurance and basicmedical assistance, commercial health insurance; and to establish other related systems.Only in this way, the national basic health insurance is consistent with the principle ofsocial state, cherishing the spirit of social solidarity, human equality and humandevelopment.