Society Guarantee Right Theory Key Link

The social security right is one of the people's fundamental rights, including two basic levels content of subsistence and development rights, which is every member should enjoy. Everyone have the possibility that falls into the poverty, which should have the right to get help from the country and the society at this moment. The establishment of the subsistence rights requires the government and the society to ensure the existence of social members as much as possible, which is the first level of human rights, and display that social succors of weak person usually. While meeting people's basic demand, social members have meeting, perfect, development right that anyone needs still. The establishment of the development rights requires the government and the society to create all conditions to meet development demands of social members, this is the second level in human rights, and it is ultimate purpose of the social development even more, usually behave in social insurance and social welfare. This text the first part mainly discussed law foundation and the ethics foundations of the society guarantee right existence, the society guarantee right is according to development demand of human rights and output, it is also a right at the same time from the form justice to change of the substance justice demand, the justice that the law can attain usually be limited by the justice of the formality only, although the justice of the formality has already become the progress of the society and law, was in great quantities assigned to expel the outlying and social member once by the nation, can obtain in for two times assign actual, slice several rates of the actual gains benefit imaginable, so, the society guarantee the right acquires unfair phenomenon that cans make up the law and societies to result in for weak. The society guarantee also is contemporary equity and the efficiency idea of organic agree with of one of the outstanding performances, fair, the justice will bring safe feeling for social member, be a personal remain only a few, can get the help from the nation and society only, even is an existence to descend to go to of ask for help, the nation did not stretch out to help of hand, at make the modernization change into the society of the principle establishment, human nature in, people's affirmation will not think that this is a good society, the society that is not a health at least. Furthermore, the person's right lie in need etc. that satisfies the basic benefits' is the theories basis that the society guarantees the right existence, the need of the basic benefits is in the western theories field with talent human rights say, but in China of the contemporary can't what to neglect is, planned economy to the transition process of the market economy numerous benefits be out of balance with the conflict, the society that intermediation is arouse to turn antinomy, reasonableness of the establishment" green" economy, exertive important function. Take a wide view the history, social guarantee system of change emerged the social civilization of mankind progress, particularly body now society guarantee the change of the system aim. Poor ages in the old type , the government implement is limited of, poor measure of low level relief , the purpose lies in serving for the ruling class, is a demand that proceeds from the maintenance governance order and guarantees its political power to continue; After entering the industry society, the aim of the arrangement ofthe social guarantee system beginning to right to life conversion of guarantee the citizen; When the modern society guarantee system alignment is mature, its aim not only is a right to life that guarantees the citizen only, but included to the citizen's welfare power at the same time, development the guarantee of the power. The right combines with the subject together. The legal subject is that an idea with free well-placed equality, will has persons without entity of subject consciousness, recognition without legal subject qualification promptly, real right on not mattering; Acknowledge and respect freedom not to pursue personal right of legitimate interests, matter value of surviving people that acknowledge really either. The right system must only have just the formal one by the democratic method in that participates equally of people. The concrete individual judges realization of essence justice, even if realization form value doesn't leave concrete personal activity and if it meet the demand of most poor people. Second part research Legal characteristic of the social security right mainly. Have concentrated on analyzing private right is a prerequisite of the social security right, the concrete content of the social security right and legal nature of the social security right. Comparison between the transition, social right and social security right that have the right that the right reaches in fact from there should being. Though the right does not the best system that embody everybody's real interests (essence justice), but it the best choice that human society can find and ensure to protect people legal interests their freely at present. Fully exercise one's own right, develop and perfect human right, it is people that combine system justice and inherent to realize self-value and social value.Society guarantee the system always needs to make use of the law, administration, economy even cultural means to resolve the social problem, but these problems resolve again request society of politics, economic system, policy management improve constantly, thus developed with perfect society guarantee system for motive, improve the existing system and policies to manage the environment, make society attain new of integration of path. So, in view of this meaning, the society guarantee system usually can reflect a national political setup, the cultural mechanism and economic systems, the essence that even can coagulate and condense a society, body now a characteristic of nation state, from here constituted a national society the framework of the system. Guarantee the lawmaking item of the law to see from most national societies, it mainly is help by the social insurance, society, and the social welfare three parts constitute. The third part main research corpus qualifications really settles the influence to carry out the meaning that the agency protects the right, namely the spirit content of right is a corpus, the social responsibility principle, civic rights of the nation the rightness the society guarantees the right and its society guarantee right to carry out the path and succors. The right system contain irrelevant key lie in personal corpus in the acknowledgement on the society (law) or not. Anyway, the success or failure of any effect with social system is end to still be decided by personal, grow of personal inside value is the system is exertive it be worth of the most deep foundation. The society is fair is the basic target of the social development, the government contain responsibility and duties adopt the measure to promote the society fair. The substance of the modern and social...