Font Size: a A A

Constitutional Right To Social Security And Its Implementation

Posted on:2011-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:G C QiaoFull Text:PDF
GTID:2206360305998573Subject:Law
Abstract/Summary:PDF Full Text Request
This dissertation makes a jurisprudence analysis of the right to social security form constitutional angel. It first states briefly the ideology source and the history development of the right to social security, makes a systemic argumentation of the fundamental character and the basic content of the right to social security. It then analysizes the defects of China's social security realization system, and presents a series of solution according to the problems in experience. It finally discusses the legal remedy of the right to social security, and puts forward some further measures we should take in order to perfect the realization of Chinese citizen's right to social security.There are four parts as followed in this dissertation.The first part studies the source of the right to social security, including the ideology source such as the human rights, the equality and justice theory, and the Marxist social security theory in ancient thoughts and the historical development of the social security system in some other countries such as Britain, Germany, American and Russia.The second part analysizes the essential elements of the right to social security and its particular character. Based on the constitutional articles of other countries, puts forward a maturity definition. The right to social security is the basic and independent human right in modern society, and it is also the basic civil right modern society, at the same time, it still is a kind of typical social right. Then this part studies profoundly each essential element of the right, such as the subject of the right, the subject of the duty etc.The third part analysizes the right to social security in China. According to each essential element, it reviews the actuality of the social security system in China, and finally puts the conclusions into the reform of the system. The legal system for social security should be well established and legal applying system should be strengthened, and the system of comprehensive coordination by administrative authorities should be strengthened. The forth part discusses the legal remedy of the right to social security. Where there is no legal remedy, there is no real right. For now, the remedy system of social security of China is still undeveloped. It is urgent to accelerate the legislative process, to improve and perfect the Judicial remedy system and the administrative remedy system. Legal remedy procedure in social security must be established and improved to take lawsuit as the last defence line for the right.
Keywords/Search Tags:The right to social security, Basic civil right, Social rights, Realization, Legal remedy
PDF Full Text Request
Related items