Research On Constitutional Protection Of Social Rights

Social rights are an important category of fundamental rights of citizens under the modern constitution.However,it has long been a subject of controversy on the ideal mode of,and different modes have ever since emerged regarding,constitutional protection of social rights,both theoretically and practically.This article begins with a clarification of the definition and conceptual boundaries of the term of “social rights” after an overview of the domestic and international scholarship on constitutional protection of social rights,proffering that “human dignity” shall be recognized as the theoretical foundation underpinning the fundamental rights,of which social rights are a part,and which are a complete set of justiciable rights.Then this article examines the theoretical evolution of constitutional protections of social right and the history leading to the inclusion of social rights into the Chinese Constitution,and conducts a brief overview of typical clauses on social rights in certain human rights conventions,both at the global and regional level.By comparing the constitutional protection models of social rights in the United States,Germany,South Africa and India,we can get some enlightenment of the constitutional protections of social rights in China.On the systematically analyzing the present situation and shortcomings of the constitutional protections of social rights in China,China should be reconstructed by systematical way.Firstly,we should systematically reconstruct the social rights of Chinese 1982 Constitution by amending the Constitution: adding the "human dignity" clause in the General Principle as the basis of the fundamental rights,adding the content of social rights in the Fundamental Rights and Duties of Citizens,re-regulating the construction of social rights clauses,modifying the basic obligations of citizens,and clarifying the social rights protection obligations of non-government organizations and other parties;Secondly,reconstructing the social rights protection system of Chinese legislatures?administrative and judicial branches,courts are expected to play a more prominent role in the constitutional protections of social rights;lastly,non-state actors,including enterprises,public institutions,social organizations and individuals,are also put under an obligation under such system to respect and assist in the implementation of constitutional protections of social rights.