Social Insurance Right And Its Categorization In China

Everyone is able to live with dignity and get basic social insurance. This can be embodied by the social insurance right stipulated in our Constitution and newly issued Law of Social insurance. From today's point of view, the core concept and its design are expanded in accordance with social insurance right, which is a new right. For the new field and new problem emerged from the practice of social insurance, we should further study it, analyze its essence and know the law of its stylization. So, it will play a valuable role in theory and application for the building of our social insurance law system.There are three parts of the paper. Given that the study of social insurance right is the logic start to define the framework of the whole social insurance law, it plays the fundamental role in the study of social insurance law. The first chapter of the paper mainly talks about the essence property of the social insurance right and gets following points by analyzing: the essence property of social insurance right is right of living and social right, which is an active right. The characters of the setup of social insurance law are: 1, multi-bodies; 2, paying object; 3, objectively compulsory. This chapter also summarizes the value tropism of human rights of social insurance right, justice shown by social insurance right, and the concept base of debate between self-government and governing, status and contract embodied by the social insurance right.The second chapter focuses on the study of the setup and enforcing status of current social insurance right so as to set forth the necessity and the urgency of the stylization of social insurance right. By analyzing the law setup, the paper points out that the body of the right guaranteed by social insurance right has the sociality, the compulsory enforcement of social insurance right. Through learning the relevant systems of the foreign insurance right, it comes up with the following points related to social insurance right:1, Bring in"policy holder"as the type of body of the right;2, build and improve the social insurance law system, referring the model guaranteed right. At the same time, it also recognizes that it is urgently necessary to explore the stylization and systemization of the social insurance right from different angles.The third chapter further analyzes the stylization of social insurance right after clarifying the problems of the basic theories like the connotation, essence character and value tropism. The purpose of doing this is to further make the essence and the establishment of the system more clear.The categorization of social insurance rights is such kind of thinking forms, which enables scholar, judge, and public people learn well of the feature of the legal norms and the power structure of social insurance, and is propitious to the constituting and unscrambling the systematization of norms. The legal apparatus of the social insurance rights is the premise of categorization, and the categorization is the result; the research of the social insurance rights and the problems of categorization is not the aim, but a means to put up the social insurance rights scientifically and rationally, and to achieve the content of rights sufficiently. We propose the standard for the categorization of the rights of social insurance, the concrete types of categorization and the construction of theoretical framework: First, the rights of social insurance are divided into rights of different types according to different objects and ranges: rights of endowment insurance, medical insurance, work-related injury insurance, unemployment insurance and maternity insurance. These are the most conventional and canonical categorization. Second, according to the different effects and functions that the rights of social insurance pointing to, the rights are divided in to interest claim, interest acceptance, interest disposal and interest relief. Third, according to the different degrees of interference from the country to the implement of rights, they are divided into active rights of social insurance and passive rights of social insurance. Fourth, according to the different legal sources of the rights of social insurance, they are divided into social insurance rights in constitution, in basic laws, in slip laws, in administrative regulations and in other special legal norms.