The Research On The Protection Of The Social Security Right

The right to social security is those rights that shall be asked to offer under laws by people when people's income cannot maintain necessary living levels or normal living standard because of old age, illness, disability, unemployment, bearing, death, calamity, poverty, temporarily or permanently there being no competence or opportunity of work .It is not only a kind of social fundamental right that a series of international human right laws confirm and secure, but also a constitutional right most country's constitutions have confirmed. The concept of the right to social security is so hot an issue disputed that there has not been a defined concept so far since it came into being . The focus of argument are principally what the right to social security is, who is the subject of those rights, whether they can be reviewed or not and so on .With the development of the security theory of the right to social security in west countries and there are 4 kinds of enforcement theories concerned with the right to social security. They are policy terms, constitution trust, security system and state law rights.Through the practice of the right to social security, the theories of policy terms and constitution trust gradually turn into these of security system and state law right. In our country the enforcement of theories belong to the policy terms and constitution trust by our country's practice of the right to social security. The protection of the social security right consists of the protection before the matters and after the matters. The protection before the matters consists of legislative protection and administerative protection .The protection after the matters is mainly the judicial review. The practice of review of the right to social security in international, regional and national level has showed that the right to social security has being reviewed effectively. Our country's practice of review shows that the right to social security cannot be reviewed at present by the review of breach of constitution because of defect of system. It is a unique way to walk realizing really the protection of the social security right that the system of the review of breach of constitution comes true as soon as possible in our country.