Study On The Social Security Rights Of The Disabilities

Everyone has the right to social security, the State must protect the social security rights of the disabled.It is very important to the disabilities for their survival and development.Today,Rights is the theme, the concept of civil rights is growing day after day. Protect citizens’ rights is an important task to the government.The Chinese government facing a very important problem, how to create the perfect social security system is an important issue for the abilities. Therefore, the the Disabled social security rights research is important to theoretical and practical significance.This paper is divided into four parts:The first part is mainly elaborated the concept of the disabled, rights constitute rights dimensions of the right to social security and how to defined it, the disabled social security rights. First,I introduced the juristic definition of the disabled; followed by analysis of the definition of the right to social security and its sub-classification of rights; finally, I introduced the structure of right to social security,and pointed out that the social security rights of the disabled is a constitutional right, then I classified the social security rights of the disabled:first genre is used to protect the basic living, such as social insurance rights, the right to social assistance, the right to social special care and medical protection rights; second genre is used to protect the social life, such as the right to security of employment, education, protection of rights, the right to social welfare and rehabilitation of protection rights.The second part introduces the situation of China Disabled Persons’right to social security and the deficiencies.I introduced the legislative situation, the executive situation and the Judicial remedy. Clearly, on this issue, China has made some achievements, but also has shortcomings:First, inadequate legislations are not enough on the social security rights of the disabled. The level of the law is low, and there are so many local laws, some of them just policies. Special rights legislation on social security rights of the disabled, many of which are principled,and abstract, and they are difficult to practice. Secondly, there are many shortcomings in the process of enforcement,for example,the departments lack of cooperation and supervision. Finally, some shortcomings on Judicial remedy for the the disabled.For example,lack of specialized procedures, specialized agencies and professional personnel.Existing Judicial remedy’s relief range is small,and its increased the cost of litigation of the disabled.The third part is to compare the social security rights of the disabled of all countries and regions in the world. In this section, I introduced the experiences and lessons about legislation,enforce the law, and Judicial remedy of the other countries and regions. I hoped they are helpful to studying of this problem about China. On the legislation front, we can find most countries and regions have developed for this problem specialized Codex, and some have special legislation, some countries also bring the right into Constitution; some of the other countries and regions enforce the law very well,I introduced their experiences; in the part of Judicial remedy,Continental lagal system and system of common law has different ways,but they were admitting judicial decisions are final.Look the Judicial remedy about the ordinary law we can find some countries and regions set Social Security Courts to solve this problem. In the same time, the disadvantages are also worth noting, for example, the increase in government economic pressure, the gap between theory and reality and the result is not satisfactory implementation of laws,we must focused on them,too.The fourth part is a way to improve the social security rights of the disabled. I introduced how to perfect the legislation,implement and Judicial remedy. On the legislation front, I recommend bring this right into the Constitution, the other laws of this right should be modified to become more maneuverability at the same time, and we must draft laws about other rights for the disability; implement is important too, I suggest to focus on to improve the social insurance and social assistance for the disabled, but also pay attention to improve the legal systems of other special execution; on the Judicial remedy side, I suggest set some social security courts,in the procedure we can learn from other countries and regions’advanced experiences, use the reconsideration front system to filter out some of brief cases. At the same time, barrier-free facilities and legal aid are worth perfecting.