Study Of China's Social Security Law

The social security is a system which can help the social members to guarantee their basic life when they are old, ill, out of job, unnble or encounter disasters. It is set up by legislation. It's both a economic system and a law system. Our country is now at a critical time in its reform, per-fectness, and development of the social security system. As for some basic theoretical questions and how to strengthen legislation, to build complete social security system, many specialists and scholars of our own have a wide difference in opinion. This article mainly explores and investigates the status, the properties, the basic principles, the relation and the legislation of the social security law.Although the social security law is included by the social law,overlaps and intersects with the other laws between its partial contents and regulative objects, it should be an independent law according to its numbers, contents and adjusted objects and methods. Furthermore,it is a departmental law attached to the Constitution, just like the civil law, the criminal law, the labor law, etc.The properties of the social security law should include:it is regarded as the public law, not the fusion or combination of the public law and private law. It is the human being law showing the spirit of humanitarian. It protects the existing rights, guarantees people's basic existing and life. It is the basic existing law which regulates, standards and sustains the market economy as the economic law, the civil commercial law, etc. It is the physical law, not in conjunction with the procedural law. It is amandatory standard law which is decided by its properties.The principles of the social security law should include:the fusion of universality and selection; the agreement between rights and duties, consideration to both fairness and efficiency, adapting social security standard to economy development, the fusion of state security and social security. Our social security law now implements the above principles. It does not just implement the principles of universality, rights, fairness, developing its social security standards and state security. This is because of our national conditions and its properties.Every relation of law including the social security law has three elements. Firstly, its subject includes the state or government, the social security enforcement bodies, business or individual economic organizations, the social members or laborers. Secondly, its contents possess different law properties in the relationship of rights and duties. That is duties first, rights second. Moreover, they don't correspond to each other completely. Thirdly, its objects are matter, behavior and personality interests. The more often and main objects are not matter, but personality interests. The relation of the colial security law is mandatory, exentsive and comprehensive,which is its own characters.Our present social security legislation has many flaws. The article analyzes its present situation, puts forward its existing flaws and proposes an improvement, forms its macro mode. We should take comprehensive legislative mode, that is one law controlling more laws. In the course of reforming the new social security law, we should attach much importance to and study the relative problems, and describes them in detail.