The Research On Nature And Protection Of Social Security Property Rights

Nature and protection question of social security property rights is a basic question in theory and practice in every country. The social security property is pays, each kind of welfare allowance, the relief fund and the product service supplies, which obtains based on the relations of the social security right and duty, including monetary fund, material object and service and so on; This kind of property has characteristics of basic indemnificatory, compulsory, the specific object, the overall plan aids mutually, the storage and the increment as well as economical welfare oriented and so on; Belongs to the necessary labor adding the partial surplus labor, has the mixed nature of the consumption fund and the accumulation fund, is situated among the club product, the personal goods and the socialized property.The social security property rights is the economical right relations that the social security main body revolving or through the social security property establishing, mainly includes the social security property ownership, holding power, the right of use, right to yields as well as the right of disposal, which is composed by the main body, content, object, nature and legal basis and so on. It is one kind of right of subsistence, the legal right, the public law right, has dual attribute of the personal rights and the property rights, presents the non—coordinated condition in the right duty relations; Moreover considers synthetically the economical rationality in the economy, the social rationality in the sociology related the property rights as well as the legitimate rationality, originated in the labor property rights and the human capital property rights. It is "the road from the mercy to the justice", is a reflection of the scarce resources disposition that the humanity from primary condition to the transaction cooperation process, forms through exchange and shift of the resources property rights. The social security property rights is a mixed property rights of the private property...