Study Of The Guarantee Of Social Rights From The Perspective Of Economic Development

According to Shangshu, people are the foundation of a country, and only with stable foundation can a country enjoy a sustainable peace. The eternal theme of human society is to protect people's livelihood. Social rights are the major reflection of people's livelihood in law,which reveals that people's livelihood depends on the realization of the guarantee of social rights.The guarantee of social rights is both a purpose and a means of development, which has been widely concerned and acknowledged as a purpose of development. In many international conventions, states have the obligation to respect, protect and render social rights as fundamental rights. However, less attention has been paid to it as a means of development. To some extent, the guarantee of social rights consumes resources that economic development requires. In the long term,nevertheless, it provides not only a good environment but also internal impetus to economic growth via the bond of human capital.The guarantee of social rights and economic development are mutual facilitators. With the development of economy, social rights continue to be optimized in an upward spiral.International Covenant on Economic,Social and Cultural Rights requires state parties to strive as much as possible to guarantee the social rights to its full state progressively.However, it fails to provide an adequate definition for what the "full state" is. To what extent states should guarantee and render social rights has become the focus of controversy. The"full state" of the guarantee of social rights is characterized by nationality and stage. As Karl Marx pointed out:" The development of rights is staged. It is based on the economic structure and cultural development and needs to be matched with them without overstepping the level of economic development." The "full state" is a balanced state when the guarantee of social rights matches economic development, which will be explicitly illustrated in this dissertation.That is at a certain point in development there is an optimal criterion to guarantee social rights and at a certain stage of development there is a practical interval to guarantee social rights.Through the economic growth model based on the guarantee of social right as the main variable, this dissertation studied the relevant data from 1978 to 2014 in China. The conclusion shows that the right to education, health and social security in the constitution of social rights guarantee expenditure are all positively correlated with economic development.Each additional percent can promote the growth of GDP correspondingly. Among them, the guarantee of the right to education shows the strongest growth effect, and when the proportion of them to public expenditure is 33%, 25% and 20%, the per capita GDP is maximized,that is,to achieve maximum economic growth efficiency. At present, there is a big gap between the structure of social right protection expenditure and the optimal proportion.The investigation into the realization of social rights in China with this criterion reveals that although its overall standard has been improved currently, the realization of social rights has not kept up with and even lag behind economic development. It is mainly attributed to the single role of the government for a long time. First, without adequate resources, the government chooses to invest limited resources into economic development. Second,there is lack of a system and deficient communication channels between the government and citizens and among social organizations as well. Third, non-governmental organizations are not well developed and do not have sufficient credibility and capability. Fourth, citizens do not have right awareness and capability.A comprehensive, systematic and balanced model needs to be built to realize the conversion from the single role of government to the "multi-centered" coordination of government, non-governmental organizations and citizens' multi-centers. All participants need to keep negotiating and compromising for a long period to achieve dynamic cooperative equilibrium, stimulate the changes of a guarantee system and promote the spiral upward trend of the guarantee of social rights. This process is expected to be a Kaldor efficiency, though Pareto optimality is difficult to be achieved.Recently China has attached increasing importance to people-oriented development. The 18th CPC National Congress proposed "The Two Centenary Goals" which has mapped out a grand blueprint for building a well-off society in all respects and achieving socialist modernization. While for now,the guarantee of social rights is a noticeable obstacle for that objective. Therefore, an outlook on development based on the guarantee of social rights needs to be set up, concrete measures that match economic development need to be taken, an evaluation system including 3 major categories and 17 indices needs to be explored, and its process needs to be monitored in real time. Besides, the optimizing policy needs to be adjusted for participants, especially the government, to improve the structural deficiencies,laws and policies so that the guarantee of social rights will achieve its full state.