The Right Of Social Security--The Human Right And Basic Civil Right Of Modern Society

This dissertation makes an analysis of the social security right from different angles of basic theory, value foundation, social origin, social function, etc. It first states briefly the intension and extension of the social security, and the origin and development of the social security. It then demonstrates the social security right is not only the basic human right of modern society, but also the basic right of modern social citizens. It finally discusses the social origin, theory foundation, social function, and developing trend of how social security came into being and exists, the necessity of reforming and improving citizen's social security right in china nowadays, and how to perfect Chinese citizens' social security right.Chapter I define the intension and extension of social security, and briefly introduce the origin and development of social security system, laying a base for the following discussion about the right of social security.Chapter II probes into the fixed position of social security right. First, social security right is the basic and independent human right in modern society. It's not only human's necessary requirement to maintain survival and dignity under the condition of socialized mass production and market economy, but also the reflection of justice. A series of international documents about human rights also confirms that social security right is human right. Second, social security right is the basic civil right in modern society. In form, most of counties in modern age stipulate social security right as basic civil right in the form of constitution law; In essence, social security right have five legal characteristics of the citizens' basic rights: indispensable, non-fungible, non-assignable, stable, and maternal for human beings.Chapter III analyzes the social root of the social security right's origins and existence. Economic root: socialized mass production; political root: the proletariat's struggle and mutual aid practice, the bourgeoisie's need to keep their class domination; human rights root: the inevitable result of the development of world human rights' practice; the social root of how social security right exists and develops in socialist countries: in one respect, there also exists social mass production and market economy system in socialist society, so social security is an indispensable remedy for the defect of market economy; in the other respect, socialist societies pay more attention to protecting and developing human rights, so they pay more attention to keeping and developing social security right in practice.Chapter IV analyzes the theoretical basis of social security right, mainly including the human rights and justice theory, economic theory, political theory, charity thought and social joint thought. The fundamental theoretical basis of social security right in socialist society is Marxism's theory for social security right.Chapter V expounds the social function of social security rights: 1, Economic function, making up for the insufficiency of the market economic system and adjusting the development of economy; 2, Political function, achieving political stability and social development; 3, Ethical function, improving the ethical quality of the social individuals and the whole people.Chapter VI clarifies the 4 developing trends of social security right: 1, from favor to right. 2, the content of social security right has been substantiated, and its form has been enriched all the time. 3, the scope of the subjects who are entitled to social security rights has been enlarged, and its socialized level has also been improved. 4, social security right extends from domestic to abroad.Chapter VII first analyzes the defects of Chinese citizens' traditional social security right, and then discusses china's present necessity to reform and perfect its citizens' social security right in terms of politics, economy and the indemnification of human right.Chapter VIII first clarifies the purpose of our country's perfecting the socia...