The Public Law Protection Of The Right To Social Security

The right to social security is a fundamental right of modern society,which was born in the development of modern society and is another important achievement of human civilization. The right to social security respects basical personality equality, gives equal attention among social members.Through the construction and operation of a series of social security system,we can make a camp harmony social environment,which respects and protects the substantive equality of personality. According to the development of social security right,the country is indispensable to build and implement a social security system. But it is worth noting that, with the changes of social and economic development,country has a more significant adjustment in the field of content and boundary of national social security duty which undoubtedly provides an important reference for the construction of chinese social security system.Social security is an important field of social science, which is discussed and studied by scholars in Jurisprudence,sociology, economics, political science and other fields.Legal researcheres give more specific attention on the content of the right to social security,and give less systematic study on government responsibility in realization of the right of social security.Therefore, this paper attempts to sort out problem of social security right from the angle of public law. Of course, the general sense of the public law includes constitution, administrative law, criminal law, procedure law,but for the purpose of writing this paper and the author’s professional background,but in this article public law refers to the narrow sense concept of it, namely limited on the Constitution and administrative law, and is no longer involved in criminal law and procedural law.The article sorts out and studies social security right from the view of public law.In order to accomplish the goal of the article is divided into the following five chapters.The first chapter is the fundamental rights and social security right. This chapter illustrates that the right to social security is the product of developmen of fundamental rights in modern society, and is an important content of the third generation human rights,which has the nature of fundamental right. There are close relationsheep between the right to social security and other fundamental rights.And the right to social security occupies an important position in the fundamental rights system. It is extremely necessary and legitimate for the State to guarantee the right to social security.The second chapter is the origin and evolution of the right to social security.lt can be clearly seen that state playes an important role in the development of the right to social security.And from the new development of right to social security,there are important changes in the role of the subject of social security rights in the establishment and implementation of the right. Governmental role has changed from the omnipotent governmental role to the co-ordination of social resources, giving full play to the social main body in the construction of social security right. This change of government in the protection of the right to social security is of great referential significance to construction of the right system of social security in china.The third chapter is the national social security eligibility.On the basis of conclusion of the first two chapters that the social security right should be protected, this chapter discusses the content and boundary of the country’s social security obligations. From the ability of the right to social security and the pursuit of the state,this chapter first confirms that state is the subject of obligation of the right to social security, then researches the national social security obligations,and finally puts forward that the nation should undertake limited liability in the protection of right to social security.The fourth chapter is the constitutional protection of the right to social security. Based on the country’s social security obligations, this chapter discusses the constitutional guarantee of the right to social security,which involves the basical theory of the constitutional protection, introductions and analysis about the social security rights of foreign constitution, constitutional documents and international treaties, and the existing norms and problems of our constitution in the right to social security.This chapter makes a conclusion that our constitution should confirm the right to social security. Based on this, we should better the legal system of social security.The fifth chapter is administrative law protection for the right of social security. First of all, the protection of the right to social security in administrative legislation is analyzed. Secondly, in the field of administrative law, this chapter analysies the type and effectiveness of social security administration in order to make clear its security behavior trajectory. Finally, the social security administrative due process are discussed, then this chapter puts forward specific proposals to due process of protection on administrative supply.