The Study On State Obligate Of Right Of Land-lost Peasants’ Social Security

The process of urbanization leads to the emergence of land-lost peasants. If right of land-lost peasants’social security cannot be guaranteed, this will affect the healthy development of urbanization and modernization. Right of land-lost peasants’social security is a fundamental right of special subject of citizen social security, and it is well protected which is the need of the value of human dignity and the constitution principle of demands and the realistic demands. From the perspective of the structure model of "citizens’ rights from the constitution and the state obligations", the realization of right of land-lost farmers’ social security is bound to the earnest fulfillment of state obligations. As for the structure of state obligations in right of land-lost farmers’ social security, it is composed of the obligations in respect, protection and payment from the nation, which form significant components of the state obligations in social relief with progressive relationship among each other. The obligations in respect of right of land-lost peasants’ social security are the primary protection, and the obligations in protection of it are basic protection and the obligations in respect payment of it are the core protection.The obligations in respect from the nation is the first status of liberal state and social state, and the obligations in respect from the nation of right of land-lost peasants’ social security hold on the basis of survival and the purpose of dignity for the principle and are in terms of projects and objects from special to common are pays great attention to the form content on equality with fairness. The obligations in protection from the nation of right of land-lost farmers’ social security hold on "excessive prohibition" and "insufficient prohibition" for the principle, and put it into prevention, elimination and relief three levels of protection obligations in legislative, administrative and judicial three kinds of way, and are restrained by ethics, national capacity, civil rights and legal boundary in the concrete practice. The obligations in payment from the nation of right of land-lost farmers’ social security are the core obligations, and are the need of the social state and individual demand for basic survival and human dignity internal aspects, and maintain social stability and eliminate poverty and maintain fairness and justice in external aspects. The obligations in payment from the nation are the restraint of payment object and the scope of payment, and are restrained by the national capacity and the basic survival needs of the land-losing peasants, and distinguish immediate implementation of fundamental and basic payment from gradually realizing payment. The obligations in respect, protection and payment from the nation of right of land-lost peasants’ social security are performed by legislative, administrative and judicial, and one of any forms performs not only a kind of obligation, and the lack of any action can cause the defects of national obligations. For lack of legislation law, lag and fuzzy, We promote the perfect and construction of "social insurance law", "social relief law", "regulations on the subsistence allowances for urban and rural residents"," regulations on the land-lost farmers’ social insurance", and so on. In view of disadvantages of the imperfect administrative management mechanism and weak supervision and lack of program specification and the invalidity of the administrative reconsideration, we strengthen the system optimization, standardization of operation, due process, the improvement of the administrative reconsideration. In view of the violation of land-lost farmers’ social security, we change the judicial relief concept, promote constitutional lawsuit, construct social rights courts and other measures to protect the rights and interests of land-lost peasants’ social security.