On The Social Endowment Service Right Of Chinese Citizens

The present study sets out to analyze and elucidate systematically the theoretical basis andmechanism of the social endowment service right as the human right and constitutional right,by using the Marx’s Jurisprudence. Moreover, the righteousness and the structure of thesocial endowment service right have been discussed by putting forward the definition, thelegal property and the significance of the service right. Further, in the view of the currentstate of the service right, measures have been proposed to insure the realization of the serviceright. It is argued that the nature of the social endowment service right is human’s right toexist. To respect and protect this service right is to foster the basic human right in the modernsociety. It is required by the notion of justice and it conforms to the principles of socialjustice.There were five chapters of this dissertation:1) The theoretical basis of the social endowment service right was discussed in the firstchapter, by clarifying the concept of this right, proposing the definition of it and stating thecharacteristics of it. Next, the significance of insuring and protecting this social endowmentservice right was examined from two perspectives: the historical background and the socialnotion.2) The reasons of the justice of the social endowment service right were investigated inChapter two. Specifically, the theory of social law, the filial piety, and the system of law havebeen proposed to be the main reasons. The three of them uphold the moral basis and systemicregulation of the service right.3) The structure of the social endowment service right was reviewed in Chapter three,including subject of the right, subject of the obligation, object of the right, and content of theright. The nation, social organizations, non-governmental elderly caring centers and childrenof the families are the subjects of this obligation. As for the content of the right, it containsthree aspects: the right to guarantee life, the right to be healthy, and the right of spiritualconsolation.4) In chapter four, the current state of the service right was depicted with the achievementsthat China has gained regarding the social endowment. Moreover, on the basis of the facts that the social endowment system is fragmented, the lack of the existing social endowmentmechanism and the lack of regulation of the market, and the insufficiency of the investmentinto the elderly caring business, it is pointed out that the system of the social endowment ofour country needed to be improved.5) In the last chapter, the expectation of the development of the social endowment rightwas depicted. It is proposed that the service right be realized through the legal protection ofequality, the enact of the union of cities and countries in terms of the social endowmentsystem, the development of various elderly caring modes, the regulation of the elderly caringmarket, and increasing support of this business.