Social Security Rights Protected By The Constitution

Since 20th century, especialy after the second world war, the center of the ideas of human rights has been experiencing a profound shift, from traditional negative protect freedom to modern positive public service. And social right it contributed to is considered as a product of the 3r generation of human rights, one of which is the right to social security, meanwhle has been written into " Universal Declaration of Human Rights" & " Convention on Economic, Social and Cultural rights". The research on this issue has reflected attaches to great importance to society of Post - Welfare & Welfare rights, also comprehensive & deep concern about well-being issue. The process from the constitutional dimension, the right to social security protection, cognition of social security, from initial poverty releaf, charty to being constitutional right ,which is benefit for us to highly maintain this right as a kind of basic right.The issue of social security refers to sociology, economics, and law, etc., as the angles of research at home and abroad with different emphasis, at present more on history evolution, development of society security, while much less on the process of the right to social security read-in consitution, in particular, countries of Anglo - American rarely admit the exsit of this positive right in constitution. This article makes in-depth research from basic right of constitution as a basic definition of right to social security of positive right, the process of it entering the Constitutional Law and its constitutional protection. Clarifies connotation & denotation of the right to social security, and concluds its developing process at home and abroad, luburates provision of Foreign Contitutional Law specification on it, thereby which can afford lessons for our country's constitutional protection for the right to social security. The last part of this article aims at dicuss its regulatory effectiveness in Constitutional Law, also sum up its regulatory effective mode of constitution of Germany, Japan such as programmatic provision, constitutional entrusted to legislation, systerm protection, protection of specific rights. It also investgate the instance of protection for Right to social security from judicial interpretation & judicial review, accordingly bring forward our nation's normative force mode of right to social security and approach of constitutional protection.This article will mostly adopt historical and comparative methodology, and first of all will illustrate the conception of right to social srcurity from some aspects such as the meaning of right to social security, right characteristics,its function in system of constitutional rights; secondly it will probe into the instance of right to social security read-in constitution of foreign societies; then to discuss our country's process through introduction to right to social security of each constitution of China; and finally mainly analysises forms & directions of protection of constitution to right to social protection, it will compare typical protection methods of Germany, Japan, United Stated, South Africa, etc. to futher perfect China's Constitution protection of the right to social security.