Research On Social Rights’Judicial Nature

Human rights are all humans’ inherent rights, and its full realization is the common ideal of all humans."Human rights" is always the starting point and end-result of the constitution, is always the basic standard of judging the "good" and "bad" of the constitution, and is always the core content of the constitution. Dignity and freedom are the highest value of human, when the basic human needs cannot be satisfied, they would be seriously damaged and be meaningless."Social rights" is one of human rights that can ensure everyone get to meet their basic living condition. If such rights are not fully realized, it will cause adverse effect on people’s dignity and freedom. At present, contradictions of social rights are multiple and always happen, and some of these, as cases, have been entered the field of justice. Judicial relief is the last line of defense rights, taking the new expectations and demands of the people as the urgent task of the judicial work, there is no doubt that it should be the effective implementation of social rights. Only in this way, the constitution will be substantial implemented, will be vitality and a real good law. But at present, with respect to the free rights, social rights’ attention degree is not enough, their judicial relief situation is not ideal. One of the main reasons is the great dispute of social rights’ judicial relief, whether in theory or in the judicial field, it has not been a common understanding. So, this paper carries on the analysis to the problem, further realize the social rights to explore the road.This paper is divided into five parts. The introduction part describes the background and significance of this paper, at the same time,"social rights" and "judicial" are defined for need, and describes the research status about the litigation of social rights at home and abroad. The main body has four parts. The first part is to support social rights actionable, the value are discussed from the theoretical point of view, and analyzes the various disputes existed. The second part, in order to support social rights can be able to achieve judicial, it compares and evaluates the practice of main countries of Anglo-American law system and Continental law system from a practical point of view. The third part views the location in china, describes the status of the protection of social rights and its realization of judicial, and analyzes the obstacles from the constitution, the laws, and the citizen and so on. The fourth part mainly elaborates that the social rights’ judicial in China can be further realized, from the construction principle, the need to follow and improve the relevant system and enhancing the knowledge of human rights education etc.