The Research On Principles Of Tilt Protection Of Social Law

Principles of tilt protection of social law, having the idea of different treatment under different conditions, is based on the specific differences between the parties and as well as the substantial inequality resulting in social relations, then puts this unequal relationship as a target, using a principle of unequal treatment to rectify the inequality, so that the imbalance between the social relations can be restored and the interests of vulnerable groups may be protected. At the constitutional context, with social rights as its core, this paper intends to analyze the background of principles of tilt protection of social law, explain the connotation of principles of tilt protection of social law, research on the constitutional foundation of principles of tilt protection of social law, analyze the theoretical and practical significance of principles of tilt protection of social law, and explore how to proceed with the legal systems under the guidance of principles of tilt protection of social law conbining with Chinese reality.The paper is divided into four parts, more than 40,000 words in total.The first part, the summary of principles of tilt protection of social law. Beginning with the appearance of social problems and vulnerable groups under the social market economy, through the interpretation of formal equality and the possible drawbacks due to pursuit of formal equality, the author concludes that social law should take principles of tilt protection, using tilt treatment to make up the disadvantaged characteristics of vulnerable groups, achieving a balance of social interests. The author believes that principles of tilt protection of social law is composed of three areas, protection of vulnerable groups, the government's protecting responsibility, tilt in legislature. In view of the above three aspects, the author conducts a careful analysis, concludes that principles of tilt protection of social law should grasp the degree in order to prevent a negative effect on society caused by excessively absolute tilt treatment.The second part, the significance of principles of tilt protection of social law. The establishment of principles of tilt protection of social law is significantly important for the vulnerable groups to achieve their social rights. In theory, it reflects the social value of the pursuit of fairness and justice; it is the country's rational selection. In reality, it is the necessary requirement of the harmonious society construction; it is an important symbol of the modern rule-of-law civilization.The third part, the constitutional foundation and legal expression of principles of tilt protection of social law. From the approach to the emergence, development, classification of social rights, the author clears that the social rights problem is a constitutional question, therefore, insurance of vulnerable groups' social rights needs to be written into Constitution. The constitutional protection for the social rights of vulnerable groups can not only enhance the survival and competitiveness of vulnerable groups, but also fully embody the humanitarian care. And it helps to ensure social stability and security. It also helps to promote values of equity, justice and harmony. Through the analysis of the vulnerable groups' social rights protection in our Constitution, the author thinks that making the norm in principle of Constitution operable depends on the specific law, that is to say, social law is an important guarantee for implementation of vulnerable groups' social rights, and principles of tilt protection of social law is a fundamental way to achieve vulnerable groups' social rights.The fourth part, the legal system construction under the guidance of principles of tilt protection of social law. To make principles of tilt protection of social law be implemented, we have to solve the know-how problem and make it operable. Therefore, it is necessary to go from the point of view of the whole society, to establish a full range of legal mechanisms. The author believes that social law should be inclined to principles of tilt protection as its orientation, improve social tilt legislation system; set up some related systems ensuring tilt protection, such as the social security system, the legal aid system, the public interest litigation system; and strengthen national duty enhance the concept of civil rights.