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On The Value-Orientation And Choice Of Legislation Models Of Chinese Social Security Legislation

Posted on:2004-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y YuFull Text:PDF
GTID:2156360095961778Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The system of social security is progressively established an improved with the development of industrialization and market economy, which plays a critically important role in promoting the world's economy and keeping social stabilization. China has been establishing its socialist security system since its reforms and opening to the outside world, thus rendering a good social security to its socialist modernizations. However, as a result of its weak economic basis and evil influence of a cognizant deviation and traditional system, the structure of China's social security system is not only unjust, thus unable to play its full security functions ,but also resulting hi the phenomenon of its legal reconstruction lagging behind its practice., which is neither an advantage to the effectual functioning of the system nor to the maintenance of the existing security results. To remove these evils, we must establish a highly socialized, multi-leveledand nationalwide uniform modern social security system. Therefore, to strengthen the legislation in this respect is a must. Such legislation constitutes the pre-requisite and foundation of the socialization of social security, which not only renders help to the overall development of social security, but also strengthens the authority of the system, thus enabling our security system work justly and effectively. But ,to achieve this aim,we should ,from our national conditions and on the basis of advanced legislative experience of foreighn countries, reform and reconstruct the value-orientation of the legislation in this field, and on this basis reconstruct the legislation model in this respect. Only by so doing ,can we eradicate the under efficiency and disorder of our social security reconstructions, and guarrentee the everlasting and concerted realization of the interests of the various socialist entities.This thesis, through concrete analysis of the causes, conditions and contents of re-establishment of social security legislation, expounds: we should in our value systems of social security laws, establish a muli-leveled value orientation of humanitarianism, respetof huaman rights and consideration of both social security and social fairness. Meanwhile, to achieve the aimsof the security legislation, we should heighten the level of our social security legislation, draw up the Law of Social Security, which systematically and wholesalely provides the enforcible sphere of subjects, basic principles, rights and duties of the various parties, legal responcsibilities and operation model of the social security funds. The existing differenciated treatment of countries and towns as the resulyt of a two-fold economy should be transformed into an equal treatment model, and on this basis, establish a regulated legalized social security system. The paper is divided into three parts to analyse specificly the value choice of social safeguard law and model Choice.Part one illustrates the inner logical relationship among social safeguard, law of social safeguard and legislation of social safeguard, through analysis of some concepts and relations concerned. This is the basis of the paper. In the anthor's opinion, the explanation of social safeguard and the definition of the system have a fundamental influence on the value choice of the legislation of social safeguard and its model. The law of social safeguard is the direct result of these factors,Part Two indicate that social justice and the protection of human right and safety are the value choice of the legislation of social safeguard in China. Introduces the disputes in the research world in china to the author thinks that such choice is determined not only by the function and nature of social safeguard, but also by the history and reality of the legislation of social safeguard in both china and all over the world. This is the core of the paper. It is of substancial significance in the model choice of the legislation of social safeguard. It determines the selection of the aim model. Thus, the paper reconstructes the basic conte...
Keywords/Search Tags:Social safeguard, the Law of social sofeguard, Legislation Value, Legislation Model
PDF Full Text Request
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