| The society guarantee power is one of the person's basic rights, is person Be society a member all should possess of right, include right to life and development power two contents of basic layer.Each person has already sink into poor, occurrence existence crisis of possibility, should have at this time from nation and society acquire help with the maintenance existence of right.Right-to-life really sign to request government and society to want a guarantee possibly society member of existence, this is the first floor time of human rights, is a foundation, usually performance at to society weak of salvage.At satisfy person of basic need of in the meantime, society member still have satisfy, perfect, development oneself demand of right, this be the right to life to development power of transition, development the power really sign request government and society want to create the whole condition to satisfy society member of development need, this is the second floor time of human rights, is also the tallest layer, is also society development of ultimate end purpose, usually performance at society insurance and social welfare.Society guarantee power of root purpose is guarantee person of existence and development.It formation and development existence an obvious of history track:Society salvage type development stage-society guarantee power of embryonic with first step formation;Society insurance type development stage-society guarantee the power really sign with further development;Social welfare type development stage-society guarantee power of mature with expand.Main in chapter 1 introduction summary society guarantee the power be put forward of a person's basic right, at China current of present condition, educational circles to society guarantee power research present condition of summary, textual core standpoint and argument logic and textual and academic innovation and existence of shortage.Society guarantee power of creation have oneself of way, come home court mutual aid from the grow and perish by itself of person, again development arrive society insurance, until more key figures the social welfare of the time, deep body now right at contemporary of deep turn with expand, society guarantee power experience from favor arrive turn into of right.Society guarantee power is modern society basic of, independence of human rights, it be mankind at acculturation big produce and under the market economy condition maintenance existence and personality dignity of inevitable request, from substantial top say, society guarantee the power belong to basic right scope.Although, constitution with nation root the form of the big method put forward to want to the society of the citizen guarantee the power carry on protection, how practical guarantee citizen of society guarantee power, still stay around a slogan type of battle cry in.Society guarantee the power be a newly arisen fundamental human rights, his growth the road face at China of reality predicament will more is rigorous.20 century 90's, educational circles concerning society guarantee power of research main is divided into two kinds of path, 1 kind be in the labor the power of the category;Another research path is society guarantee the power be help as material power, right to life perhaps power power to treat.The textual argument logic is:Carry on to the society guarantee power which Be human rights first conceptual comb, then argument have the society of human rights and society power attribute guarantee power, experience 1 is from favor to right of change process;Analysis society guarantee the power naturally have maintenance equal, maintenance society fair with promote society harmony of value.Guarantee human rights, main want guarantee weak, the right of the minority community.End, article discussion nation in the society the guarantee the power the realization the process the obligation for have take society guarantee path of power realization and succour, this be also the textual theories marriage.Chapter 2 main from the academics comparison of the method set out, discuss the history learn, economics, politics learn, the ethics learn, under each angle of view of sociology of society guarantee meaning, the derivation method learn meaning in of society guarantee power of content.Society guarantee of the origins can trace back to to the primitive society, and at this kind of society under the appearance, society guarantee for whole society community to speak, can fame is a kind of perfect of society guarantee power;Slave society and although feudalistic society's also having already openned a camalig to put a food and establishing gruel factory's etc. be a society guarantee, have no formation systematize, systemize, life poor of succour corpus main is a family, household but is not society, nation;Have modern meaning of society guarantee at capitalism society gradually establishment, perfect, the system turn and continuously development of, "new benefit poverty method" first time with lawmaking form confirm the citizen possess society succour power, is a modern meaning society guarantee power embryonic of marking.Germany is a modern society guarantee system of pillar-society insurance system of source, trace back to main capitalism nation society guarantee power of lawmaking history, we can detection, no matter which it is nation of society guarantee power, all is nation(government) usage public right to society carry on adjust, intervention of outcome.See from the economics angle, society guarantee of the main function lie in rightness temporarily or permanence lose labor ability and result in life because of various reason difficulty of society the member provide life guarantee, with assurance labor force reproduction, society safety, economy have a preface to carry on, society guarantee power with nation lawmaking and judicatory strong dint implement of, implement of level and society economy development the level went with should.Join the government to cure angle consideration society guarantee power, think a society guarantee and politics of general relation is a citizen right and nation power of conflict of cooperation, from society control tool to society fair mechanism of change is society guarantee power development of inevitable trend.Modern society guarantee power of establishment is whole society inside scope widespread right consciousness awakening and power consciousness self-reflection of outcome, is public welfare politics and party politics of reflection.For the power of government, not only only want to take into restriction, more lie in be good at good of make use of.Society guarantee power of the origins have an ethics color, society guarantee of object is society minority community, full body now society guarantee power of humality spirit, society guarantee of contents main is to society the help of physical life of the minority community, full body now society guarantee of with each other benefit, welfare and public welfare.Society guarantee power of sociology analysis lie in to fair value of pursue with society stability function of maintenance.Regardless on the history or the contemporary is in the world, all existence mankind society widespread accept of some justice idea.Any society of existence and development, all have to fair value of pursue Be one of the most basic premises.Section 2 is to society guarantee power connotation of analysis.Society guarantee power is society under the premise that existence and development face society risk, at free will, the member pass behavior freedom but from nation and society drive match society justice of benefits, with satisfy it maintenance basic existence is go to exaltation life quality of demand of qualifications.Pass rightness existing of society guarantee elaborate of power and analysis summary society guarantee power of connotation is:Society guarantee power is society member at occurrence existence crisis, pass nation with whole society of strength, depend on a citizen income allotment with again allotment of way, make any citizen at temporarily or permanence lose labor ability and lose work opportunity perhaps its income can't maintenance necessity of life level or quality condition, pass certain degree of income compensate but possess of basic of life right, make society of poor the community can pass society salvage can maintenance lowest life guarantee, pass various society the insurance system make society the member can resist unemployed, industrial injury, disease, year old etc. society risk and all society the member possess every variety welfare facilities with promote social welfare and maintenance personality dignity of right.Chapter 3 is in the research the society the guarantee the power of the law characteristic, concentration analysis society guarantee the power be a kind of human rights, society power existence of property, nation with constitution of form provision society guarantee power, make society guarantee power from should have right toward the legal rights of change make possible.Section 1 to society guarantee the property of the power make analysis.Society guarantee the power be human rights.Human rights namely the person's right be what person( or it combine) should possess with actual possess, and was admit by the society of the total of right.Beg the existence is that the mankind be the most basic of request.In the modern human rights idea, the right to life be the foundation right in human rights, but only have at full of society guarantee of foundation up, in the meantime full of energy freedom, people's personality then can get fair of development.Society member's enjoy a society guarantee be a right but isn't a favor.Society guarantee experience 1 is from favor to right of change process.Society guarantee power Be the proper of a fundamental human rights come from mankind at acculturation big produce and under the market economy condition maintenance oneself existence and personality dignity of proper, people maintenance oneself of existence and personality of dignity is the person be a person should have of a basic right, should be subjected to governments in all countries with whole society of protection.Guarantee human rights, main want guarantee weak, the right of the minority community.Society guarantee the power be a kind of society power.Therefore, nation have to representative society all society member, to the social activities carry on overall management, with maintenance society of public benefits.Society power is pass nation or from nation guarantee of right, is pass a civic rights of aggressive intervention to guarantee of right.The society power is to discriminate between civic rights, private power but formation of power bunch, can also comprehension is the aggregation of right.But society guarantee power and labor the power be main value of is a citizen of life guarantee layer.The labor power and society guarantee power of be a kind of right to logically link up relation.But the labor power pay attention to a society efficiency, pay attention to an allotment of result, what to pursue be a kind of opportunity of equal;But society guarantee the power more pay attention to society fair, it be a kind of society wealth of again allotment means, in the social resource of aly the allotment have no benefits, two allotment should give special protection, what it pursue be a kind of result of equal.Section 2 main is to society guarantee power of value analysis.Society guarantee the power naturally have maintenance equal, maintenance society fair with promote society harmony of value.Society guarantee the power contain of equal value behavior space independence, pursue happiness provide vast space, also promoted thus society of harmony but ordered development.Society guarantee is also a contemporary fair and efficiency idea of organic agree with of outstanding performance it a, fair, the justice will give society the member bring safety feeling, be a personal remain only a few, can from nation and society get help, even is existence bottom go to of ask for help, nation have never stretch out to help of hand, in the pair of the modernization, the human nature change into the principle the establishment of the society, people affirmation will not think this is that one be good of society, at least isn't a health of society.This text chapter 4 main discuss a society guarantee power existence of law foundation and theories foundation.From the society guarantee of the basic object see, part-time job, men out of occupation, aged and weak disease remnants etc. minority community is society of main force, is creation society the worker of the property, guarantee worker of occupation stability, satisfy weak of lowest life level and certain of politics, society and cultural right, is respect and guarantee fundamental human rights of most at least request, is also set up stabilize solidify of harmony society of essential condition.Section 1 research of is society's guarantee's core principle of the power to lie in to tilt to one side minority community protection.The proper carrying on analysis to the concept of minority community first, again tilting to one side protection to the minority community carry on a study.Minority community is because some obstacle and lack economy, politics and society a condition but be placed in a disadvantageous position in the society of crowd.See from the basic characteristic of community, opposite at the other society community but speech, society minority community is 1 have on the society resources allotment economy up of low income, life quality of low level, political up of low influence with mentally of height the special community of the sensitivity.They are also a person, however be placed in a minority just, since they belong to the same mankind and should have equal personality dignity.In spite of a minority be still a non- minority, anyone be all equal on the personality, this is in the society should formation the consensus be also human rights of most basically constitute part.The mental state of minority community originally very sensitive, flimsiness, so, we even want to strengthen to support the personality dignity of the minority community.Section 2 analysis the pursue of power of the society guarantee's target lie in from form justice to substantial justice.Society guarantee power is according to human rights of development demand but creation of, it is also a right from the form justice toward the substantial justice in the meantime of change demand, the law can attain of justice usually only be limited by formality of justice, although formality of the justice have already become society and law of progress, a great deal of drive nation an allotment expel outlying society member, in twoly the allotment can obtain actual, practical benefits of several rate be imaginable, so, society guarantee the acquire of power can make up law and society to weak result in of unfair phenomenon, attain to society minority community tilt to one side protection of purpose.Take a wide view history, society guarantee power of change display mankind society of civilization progress, particularly body now society guarantee power aim of change.Modern society guarantee power alignment mature, its aim not only only is guarantee the citizen's right to life, but included to the citizen's welfare power in the meantime, development power of guarantee.This text chapter 5 was main discuss the private power be a society guarantee power of corpus and society guarantee power of concrete contents.Section 1 will elaborate a society a guarantee the corpus of the power.Society guarantee the corpus of the power include nation, society and all citizen.Citizen society guarantee the corpus of the power include all citizen.Society guarantee power is each society the member should equally possess of a basic right, its right corpus have the characteristic of catholicity, not only only be limited by worker community, minority community etc. the particular corpus is in the sovereign state, it of possess also not only only be limited by its citizen, return should include inside its scope of havings residents.Year nation and society the obligation corpus of the most, whichever nation society guarantee the power all can not get away from government of participate.BE a market expiration of objective reality and society to fair of concern, for government intervention economy, participated a society guarantee to provide theories basis.Section 2 argument is the new identity view of society corpus:From contract to identity.Plum because of arrive from the identity contract of theory broke to announce to public modern age rule of law country of formation substantially is that one personal space appearance be big change of progress society of sport, this process be also from inequality identity to the process of equal identity, discover equal identity, protection and make stronger of process, but reality life already occurrence huge of variety:Belong to relation, information dissymmetry, economy the margin of the strength etc. economy the strength hang to extremely result in of strong or weak and domination relation constitute a kind of new of identity relation, plum because of put forward of from the identity arrive contract of development in recent years already performance contrary trend, namely so-called from contract arrive identity of sport.But this identity with that identity meaning after all dissimilarity, what we say is from contract to identity is not rightness from the identity arrive contract simple of anti- to sport, he be return of higher layer to return, on the Zong say, to society the right of this kind of special identity of the minority community carry on special protection of theories foundation of value mindset is for beg justice of realization.Section 3 research society guarantee power of concrete contents.Society guarantee the power always want usage law, administration, economy even culture of means to solve society problem, but these solve of problems again request society of politics, economy system, policy management constantly improvement, developped thus with perfect society guarantee power for motive, improvement existing system and policy management environment, make society attain new of integration of path.So, in view of this meaning, society guarantee power usually can glint a nation political setup, cultural mechanism and economic system, more ability coagulate and concentrated a society of essence, body now a characteristic of nation state, from here constitute a nation society system of framework.From majority nation society guarantee law of the lawmaking item see, it main from society insurance, society salvage, social welfare three part constitute.Chapter 6 is main research corpus qualifications really settle to realization the agency protect the meaning of right, society guarantee power realization of strength and society guarantee power of realization and succour.What section 1 analysis is a society guarantee power realization of strength-nation civic rights and society organization.Society fair is a society development of basic target, the government has responsibility and obligation to adopt the measure promote society fair.The acculturation was big produce to on the other hand weakenned a family guarantee of function, on the other hand and in addition big worker of society risk.Therefore objective top request establishment society guarantee mechanism, and this kind of society guarantee can't is a kind of favor of not essential and give but is nation and society have to implement of obligation, the citizen should possess of right namely society guarantee power.On the constitution quilt assurance is the basic right of the citizen of labor power, inevitable be subjected to nation economy development level of check and supervision, this kind of juridical possibility need not however become reality life medium of inevitability, be the worker lose labor opportunity or labor ability, nation Be the corpus of civic rights, regardless proceed from the responsibility principle of civic rights still for stability society, comfort a popular support of demand, all should is temporarily or permanence difficulty provide material help, this is also modern type nation the most basic of request.The relation that is from the nation(government) and its citizen constitute, from the individual society member and society of relation, the government have responsibility to undertake necessity of public finance expenditure, maintenance be subjected to help of the personality and dignity etc. was four discuss nation the responsibility of the civic rights.Section 2 research of is a society guarantee power of succour.Lawmaking guarantee and administration guarantee common constitute society guarantee power of before the event guarantee.According to right succour theories, there is right have succour, so society guarantee the power is after being violate, again how give succour?This after the event that is the society guarantee power guarantee namely succour problem.This text to two kinds of main way of the law succour:Administration succour and judicatory succour carry on research.Section 3 will investigation of is a society guarantee power to have can tell sex and law to help to the right realization of meaning.Society guarantee power of full availably protection and succour society guarantee power like should the right be similar to have importance.Right of the implement be end to can not get away from a person of value judgment, right realization of valid the path lie in a corpus oneself strength of exertive and nation and society to right of support and succour.In the meantime, also should value full exertive society the strength of everyone's noodles, make society guarantee no longer become formalistic, make society guarantee power no longer just"is right but conflict", "human rights"...etc. some slogan, but really thorough society, thorough crowd that need to be succour and help in.Tradition human rights ories to society guarantee the not have of the power can tell sex, but new theories to society guarantee the power have can tell sex of support, society guarantee the power can tell the basis of sex to include society guarantee the power can tell is society guarantee power true turn of inevitable choice, is judicatory function inside property of inevitable request, is a modern rule of law of inevitable trend, society guarantee the power can acquire judicatory succour, can tell the basis of sex, is want by this stanza to solve of importance problem.Section 4 is to help object to the law of define and the law help a system characteristics, society guarantee power realization medium establishment the law help system of necessity analysis of analysis.Establishment and implement the law help system is realization society fair of importance body now, establishment the law help system is realization the everyone equal principle of the law in front of lawmaking assurance, human rights guarantee of inevitable request.Modern society of development appear a great deal of of poor unemployed phenomenon, with freedom power for the human rights idea of basis hard cancellation the gap between rich and poor bring of two pole divide.Be placed in society first floor of society minority community stratum under the circumstance that existence all can't guarantee, root impossible possess so-called of political freedom, economy freedom of right.Law's help be a society stability and development of inevitable request.Law's help's ising an international community is widespread to promote nowadays of 1 promote judicatory fair, guarantee citizen human rights of importance system, law's help be a nation legal system civilization, society progress of importance body now.
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