Social Security Right And Its Relief

As a sign of social development and progress, the social security right is a new kind of citizen’s constitutional right. Nowadays, the majority of countries worldwide have established social security system to different degrees and achieved considerable success. In China, social security system is developing rapidly and initially forms a relatively complete social security system framework, which plays a certain role in the balance of interests of the entire social security. However, social security system in China is far from perfect and in reality there exist a lot of contradictions. Meanwhile, research on social security right from the perspective of law is neither systematic nor intensive, preventing the theory of social security right from providing better theoretical support for social security system. Theoretical study of social security right is beneficial to establish social security system. The thesis is as following in order. Firstly, define the connotation of social security right and make demonstrations of property of constitutional right of social security right. Then, the thesis makes demonstrations of the constitutional conformation of social security right and legislative protection and relief of social security right. Based on this thesis idea, the thesis consists of four chapters.Part I:Roughly outlines the social security right. The connotation of social security right is defined through the introduction of researcher’s various comprehensions of social security right. On the basis of analysis on the nature and basic features of constitutional right, elements of social security right are covered, including the subject, object and contents of the right.Part II:Introduce the constitutional confirmation of social security right. Through the explanation of different constitutional confirmation methods among different countries, contents of constitutional norms of social security right in our country is clarified and relevant constitutional provisions and insufficiency on social security right are summarized.Part III:Explore legislative protection of social security right. Essential conceptions of legislative protection about social security right are presented and then the insufficiency and improvement of legislative protection of social security right are touched upon.Part IV:Present social security right relief. Without relief, right becomes meaningless. By exposing problems exist in current relief methods of social security right, this thesis suggests reforms be carried out from judicial relief and administrative remedy aspects and advises to establish social security right of public interest litigation. All concrete proposals are beneficial to improve the system of social security relief.