South Africa's Constitutional Guarantee Of Social And Economic Rights And Its Implications For China

With the continuous development of social economy, human rights, deeply rooted ideas gradually, in the active state interventionism and the rule of law, the social standard and gradually replace the individual standard. Social and economic rights of citizens, as a new human rights is increasingly being valued by society, in a series of international conventions have been widely recognized and written into the constitution of many countries, the protection mechanisms become more perfect.From a global perspective, despite the social and economic rights for the Lawsuit is still controversial, but the countries have started to explore various paths drastic socio-economic rights protection.the democratic miracle that characterised the South African transition to democracy in the 1990s is an experience that many countries should emulate.As one of the first countries in the world, South Africa has introduced justiciable socio- economic rights in its Constitution.enforce socio-economic rights is then attempted constitutionalise followed by a discussion on the prospects and various challenges faced by many African countries in protecting and enforcing socio-economic rights.The conclusion of the paper focuses on the lessons that can be learnt from the South African experience.With China's accession to the"economic,social and cultural rights of international conventions",the social and economic rights are a lot of attention, but the academic study of social rights remain in most of the macro level of social rights, social rights of citizens should to extend protection to practice level, a fairly complete legal right to social and economic security system, you also need the joint efforts of the legislature and the judiciary.Therefore, this article from the perspective of constitutional law on the social and economic rights through the basic theory research, and social and economic rights in South Africa in the relevant jurisprudence of constitutional litigation as the starting point, social and economic rights in South Africa a critical analysis of constitutional guarantees,And based on the absorption of its experience and lessons learned, , based on our social and economic status of protection of the right to construct the social and economic context of China's constitution guarantees the right system.