On The Constition Analysis Of The Protection Of Social Rights

People who has the traditional concept of right emphasis on personal freedom and equality, and neglects the overall fairness and social justice. The majority of people satisfy with the rights of freedom and political rights, they ignore social rights the same as the basic constitutional right. They think that the social rights is just a favour, a welfare and its significance is limited to moral or political level rather than the statutory right. People who has modern concept of right considers social rights as the basic constitutional rights. Because social rights mean the dignity and worth of human beings. That is to say, everyone is entitled to live in a dignity and valuable life. When such right comes to a threat , the citizen has the right to request of the State supplying material assistance. To protect these rights, the State has to take measures positively to fullfil its obligations. Modern constitutional recognition of the social rights of citizens is of great significance, which would deal with the relation between the citizens and the society, the citizens and the country, human beings and the nature. With the widening gap between the rich and the poor and the penetrating of the concept of human rights gradually, the growing attention is paid to social rights as a new kind of human rights by the whole society. The social right as a protection provided for citizens entitled them to the basic human dignity, which has been written into many countries'constitution as social development and its protection mechanisms are more and more perfect. How to offer social rights constitutional protection from substantial and procedural aspects is the issues of constitution field. With China's accession to the"economic, social and cultural rights of international conventions", the human rights situation has improved gratifyingly, especially in the aspect of political rights and the right of freedom. However, the protection of the social rights is limited to political and moral levels. How to raise the protection of the social rights from political and moral levels to constitutional status, it is very necessary that the legislature and the judiciary perform their duties positively. In order to comply with the world trend of human rights'development and the constitutional protection of social rights and establish a series practical protection mechanisms of social rights, the author of this dissertation from the constitutional perspective of social rights analyse its origination, meaning, essence, theory of legal effect, constitutional practice in some countries. All these help to explain that social rights is justiciable and legally feasible by the court in accordance with the law to guarantee the social rights'realization. Based on the protection of social rights, its current situation, development trend and foreign constitutional practice and theory, we try to explore a practical and feasible method of its legal protection.