The Judicial Remedy Of The Right To Social Security

Social security is due to social members, who is disability, unemployment, old birth, death, encounter difficulties faced disasters, and other factors, either temporarily or permanently incapacity, lose jobs that income can not maintain the necessary living level or a standard of living, and obtains the national physical help right now. The judicial relief is the most important right remedy way, but the judicial relief in social security situation is unsatisfactory, when the citizen's social safeguard right is infringed, often cann't get timely and effective relief for social security, so the judicial relief research is a pressing issue.From the concept of social security and the social security, analyses the connotation of the judicial relief system for social security, through the basic knowledge of our citizens of the judicial relief system for social security situation analysis, find out the deficiency in Germany and France, through the judicial relief system of social security, summarizes the successful experience of the two countries for our reference, and finally to adapt to the situation of China civil society guarantee judicial remedy system and put forward some measures to improve gradually, make its legalization, institutionalization and standardization. This article mainly consists of three parts:The first part is mainly summarized the judicial relief to social security. From three aspects systematically introduces of the social security, right to social security and social security disputes, and analyzes the basic connotation of the social security of our citizens of the judicial relief.The second part is to Germany and France the judicial relief system for social security. Through the German and French citizens of the judicial relief system of social security of advanced ideas and methods of the two countries, summarizes on social security system of civil judicial relief experience of social security in China, and provide reference for the judicial relief system. The third part is mainly introduced for our citizens of judicial remedy social security system consummation. From the civil litigation, build simplified constitutional lawsuit, establish public interest litigation, and other ways to construct a more perfect judicatory relief mechanism, and the first to introduce and from two aspects of legal aid for social security, the judicial relief in China and put forward some innovation.Realize of the social security of the judicial relief system, is a national level of social civilization and progress. China must realize the well-off society and the harmonious society, must establish civil judicial remedy social security system, only in this way, can we truly achieve social security. Visible, the judicial relief of social security is the study of the law system of social security, also need basic civil rights protection and social security mechanism is the inevitable requirement of running smoothly.