The Analysis Of Administrative Relief Mechanism On Social Security Rights In China

With the rapid development of our social economy，the social security as the important fieldof people’s livelihood has got high attention from our country and people. Social stability andharmony, the sustainable economic development, people’s happiness and good health areinseparable from a sound social security system. Social security right is the core of the socialsecurity system, refers to every citizen who is in the encounter all kinds of accidents or risk sothat life is in trouble, has the basic social right to generally enjoy requesting the state andsociety to give material help and social public service to maintain their survival and basic livingneeds. In the modern society, it is not only a basic human right, but also the basic right ofcitizens, even a realistic legal right.Rights must be relieved; otherwise it is not a real sense of right. The social security rights,due to its complicated content, wide involved interests, thus when it is in the specific bargainingbetween citizens and administrative organs, it is particularly vulnerable to the illegalinfringement of the administrative organs. Therefore, our country should be aimed at this kindof administrative disputes, giving citizens special effective administrative relief opportunities,which are both the important measure to regulate the exercise of public authority, strengthen theadministration according to law, and the strong guarantee to bring about the social securityrights.This paper uses the theory of right relief as analysis tool, first of all from the definition ofsocial security right, to explore the social security right’s attribute, then from the concept ofadministrative relief, to explore the origin of the theory of the right to social securityadministrative relief, proving that administrative relief system is necessary and urgent for socialsecurity right’s existence. Then from the current implementation situation of the social securityright in our country, our country on the administrative relief of citizens’ social security rightsstill exist many problems and shortcomings, the relief scope, procedure, organization andinstitutional defect are particularly prominent. And for the realization of social security rightshas a considerable association with a country’s specific national condition, the level ofeconomic development, the degree of political civilization, and the Western countries haveestablished the social security system early, its legalization degree is high. Therefore, both thecommon law countries and civil law countries have accumulated successful experience indealing with the social security administrative disputes and the relief process of social securityrights, set up a relatively sound social security rights administrative relief mechanisms, such asestablishing the special administrative relief agencies, applying to the special administrativerelief procedures. So in the end, we should be on the basis of using advanced practice from theextraterritorial countries’ social security administrative relief system for reference andcombining with our country’s specific conditions, from formulating the national unified socialsecurity basic law, improving social security administrative reconsideration system andestablishing the Social Security Appeal Committee these three aspects to perfect our country’ssocial security administrative relief mechanism.