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Study On Right To Social Security

Posted on:2006-11-28Degree:MasterType:Thesis
Country:ChinaCandidate:X X LiuFull Text:PDF
GTID:2166360182966063Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Right to social security is a basic constitutional right, and it is a basic social right possessed by the citizens. The citizen can request nation by law to provide condition and conveniences of the social security actively. Passing social security, citizens can maintain their existence and gain development. As a right system, right to social security is constituted by some sub- rights—social insurance right, public relief right, social welfare right and excellent fondle right etc. On property, it is a legal right; on position, it is a maternal right ;on content, it is a compound right; on purpose, it is a bottom-protective right; on constitution, it is a cluster of sub-rights; on corpus, it is a individual's right. Right to social security is not only an important and basic human right confirmed and guaranteed by some documents of international law, but also a basic social right regulated by most Constitutions. Right to social security belongs to a basic social right. It is an active right (or called right of clain, beneficial right). It is a right that must be gradually realized. It is a right that can be sued.The guarantees of right to social security are contented by two aspects: the legislation guarantee and administrative guarantee. The legislation guarantee mainly has two paths: first, the legislation conversion of the international human rights law which include right to social security items; second, domestic legislation of right to social security items embodied in the Constitution. China has already granted to join many international conventions of human rights that providing right to social security and they have already produced effect to China .The government have responsibility implementing the duties of the conventions faithfully. The government should strengthen the single-item legislation of right to social security, raising the class of legislation, Should first-step format the social security law system which matches the state of China, and in which right to social security by Constitution for foundation. The fulfillment of right to social security needs active administration of the national administrative organs.The remedy of right to social security is an end guarantee that the rights can be fulfilled. Among them, the judicial remedy is used mostly and is the most valid remedy path. Litigation is a defense line of guarantee of the rights. As a basic right of constitution, the right to social security can be sued. But its sue is only kept in the pimping scope and degree, that is ,"the lowest limit of the right to social security ".As a concrete right of law, right to social security can also be sued. The right to social security have three paths of remedy judicatories: administrative litigation, civil litigation, constitutional litigation, and they constitute the tight system of the judicial remedy of the right to social security. When the legislative organization do not implement the legislation guarantee duty, or violate the citizens' right to social security actively by legislation, the citizen can bring up the constitutional litigation to acquire the remedy. Secondly, when the administrative corpus do not implement the administrative guarantee duty, making the citizens deserve damage on right to social security, citizens can acquire remedy through the administrative litigation. Thirdly, when they are subjected to other equal corpuses' violation, they can acquire remedy through a civil litigation.
Keywords/Search Tags:Basic constitutional right, Basic social right, Right to social security, Right guarantee, Right remedy
PDF Full Text Request
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