The Equal Protection Of Citizens’ Social Security Right

The Eighteenth National Congress of the CPC stressed the protection andimprovement of people’s livelihood, including education, employment obtainment,income, social security, and medical treatment, which are very important for thecitizens.There are three purposes of the research.1. To definitude the concepts of thesocial security right and equal protection of the social security right in a moresystematic and clearer way. A more systematic and clearer concept definition isconcluded from comparing the historic process and similar concepts and studyingrelevant international documents and constitutional practice in the world.2. To studyand learn from the experience of other countries. In order to borrow some goodmethods for improving our legislature and the management of institutions from othercountries, it is the practice of equally realizing the social security right in somecountries that have done well in legislature that should be abstracted and sorted out.3.To study the equality and realization of China’s social security right and to putforward proposal for improving China’s social security system.The research methods adopted in this thesis are as follows:1. The normativeapproach. To make a comparative study of social security systems in the world on thebasis of actual conditions of the world’ specific laws and regulations.2. The empiricalmethod. To be sure the existing conditions of the social security system throughresearching the actual conditions of implementing laws and regulations.3. Thecomparative analysis method. So far many countries have better experiences in thesocial security system so the author wants to study the social security systems ofseveral countries by using the comparative analysis method.4. The historical analysismethod. Different historical backgrounds in different countries lead to differentsystems in different countries. Our country also has its own historical and culturalbackgrounds so the historical analysis method is used to study this issue.5. Theliterature analysis method. At present, scholars have done some research on the socialsecurity system. They have studied the social security system and relevant systems and rights in various views. For the author, she will read the existing relatedreferences at first for studying, comparison and analysis, and then she will try to findmore about the equal reality of the social security right.The main contents of this thesis are:1.Social security right means people havethe right to material assistance from the state and society when they are disabled.2.Wereally have difficulties to explain ‘equality’,because there isn’t a standard.We shouldmake a reasonable distinction between different situations.3.According to the currentlaw,making different laws of different aspects is more feasible.We should broaden thecategory of administrative litigation,which should include Abstract AdministrativeAction,for citizens can realize their legal rights and interests better.4.We couldestablish social organizations to act in concert with the government.We could borrowthe practice of The Equal Opportunities Commission,which gives citizens anotherapproach to realize their rights.The novelty of this paper is the discussion of the equal protection of socialsecurity right.Up to now,there are lots of investigations of equal rights and theestablishment of social security,but there are few opinions of the equal protection ofsocial security right.This paper doesn’t only explain the meaning of the equalprotection of social security right,but also borrows some foreign experience,and giveseveral pieces of advice.