On The Rights To Social Security

The thesis, guarded by Marxism, makes a jurisprudence analysis of the rights to social security as human rights through the approaches of word analysis, history investigation, value analysis and comparison etc. And puts the conclusions into China's reform of social security system to resolve the problems in experience and improve the rule of law. There are six parts as followed in the thesis: The first part studies the concept, original and development of the rights to social security. At first, study the popular concept and compare social security with social welfare, then give our own idea of the concept. Secondly, study the concept of the rights to social security. The rights to social security are for society member to get basic survival security from the society, and mean the qualification to accept the benefit from social security system, which are closely related to one's life, development and status. At last, study the origin, development and change of social security system, with the history of system, especially the law system as clue. The poor law's safeguard for the right is extremely limited. The governor group take it only as an expediency, however, the poor group have no speak right for it. Social security law comes into being in the late 19th century, which is the outcome of social conflict and development, the labor class'longing for equity promotes the society progress. The first welfare state in the world was established in the middle 20th century, providing the people with a series of social security from cradle to tomb, where the welfare is a society right and not a charity act, a citizen right and not a kindness. The second part studies the theory foundation of the rights to social security. Look for the theory and idea original in acient thoughts. Recommend and evaluate the ideas of welfare economics, Keynesism, Beveridge report, social democracy, the new right, and the third way etc. In human's practice of producing and living, social security fund is foundation of every mode of production, social security's necessity to society production means that the right to social security is requisite and reasonable for the society member. Social cooperation is a prerequisite for human society's existence and development, every society member has both the right to share the accomplishment and the duty to fulfil the obligation. And affirm that the rights to social security are the inevitable request of the human's production and livelihood. The third part analysizes the essential elements of the rights to social security. The subject of the right is universal, not limited to the labor and inferior group or citizen of a state, but a social person who is particular and different in social life. Every society member should have the right equally. The subject of the duty is multilateral. The state plays the key role, which is ultimately responsible for the realization of the right. The employer is partly responsible for his employee's right under the employment. The individual is mainly in the status of the right's subject, while he has the duty to labour and pay some fund. Some social organizations also influnce the social security's content and level. The contents of the rights to social security are abundant and changeable according to the social development in the need of satisfying a certain level life, which are devided into income security right, health security right and development security right as to person's basic need. The forth part discusses the value of the rights to social security: justice is basic value, and human's development and liberation is ultimate value. In Marxism the demand of justice is 'distribution according to need'in the society distribution area. Sometimes equity may conflict with individual liberty, which can be explained as the conflict between literty and equity, or between liberty and liberty. Equity idea in social security and efficiency in market economy don't contradict each other, but complement each other. The rights to social security permeate the individual's deep attention to human's essence, status and value, and its realization can promote the individual's evolution to human. Need is essential character of human and driving power of a society. The right to social security is a method to satisfy human's needin industrialized society. The classified and multiple need is foundation to determine the right's content, the need secured through the right is something essential at least level. The rights to social security make the basic and common need become human's basic rights and promote human's liberation through satisfying one's need. The fifth part discusses the rights to social security in China. The condition of the rights to social security in China has been improved, however, people's need for the rights hasn't been satisfied fully and practically. The development condition of the rights to social security in China doesn't keep balance, seen from the form, it is separated into town and country in area, traditional and reforming in time. In China's social security system, there is general discrimination according to one's capacity, a lot of people are deprived of the right because of the difference between town and country, units of different ownership. Now we face the history challenge to realize the rights to social security, at the same time, we also face the unfavourable society background and condition such as difference between town and country, poor and rich, local difference, and population aging etc. We should take right as object, give a proper status for government's duty, and enlarge the coverage of social security and make everyone have the right equitably. As for the present city social security system, in the basic of the character of the risk itself and the content of each social security item, put all the group that accord with the demands into the system. And according to the present condition and need in the rural area, establish the rural social security system and make the numerous peasants enjoy the right equally. The sixth part studies the realization system. Legislation in social security is lagging behind, which can't meet the practical needs or assure the rights efficiently. The legal system for social security should be well established and legal applying system should be strengthened. Both the system of comprehensive coordination by administrative authorities and the system of supervision over social security are to be strengthened. And the system of funding operation need to be strengthened to ensure the social security fund safety. Where there is no legal remedy, there is no real right to social security. In the present law, only the labor's social insurance right and...