On Social Right: A Jurisprudence View

Social right as an important part of human right existed long time ago.However, only legal scholars and social law scholars have begun to research the concept and the nature of social right in recent years in China. Currently, international and domestic laws and the academic community have different opinions to the title, the meaning, the scope, the form and the suability of social right.This confusion is bound to create difficulties in academic exchanges of social right and in achievement of social right. Through reference and analysis of domestic and international research results related to social right issues, this paper conduct study and the text is divided into five parts, the logical structure and specific content are as follows:The first part is an introduction., which wholely clarify the background and significance, as the basis for the article to start discussion.The second part and third part form the angle of logic and fact to inspect social right. Firstly, form the ideological origins of social right, the academic theory and the background of the emergence and development of social right, this paper has an exploration to the history of social right. Secondly, try to analyze the existing concepts of social right and define what's social right. Finally, analyze social right form legislation, enforcement and judicial practice.The fourth part is the analysis of social right's legal feature. Through analyzing the legal feature of labor right, education right and social security right, identify the commonalities and social right's legal feature.The fifth part is the realization of social right mechanisms. Given the current weak legal protection, from the legislation, law enforcement and judicial to explore how to safeguard social right in practice and finally make social right be recognized, protected and realized.