Study Of The Mechanism Of Judicial Remedy For The Disputes Over The Right To Social Security

The right to social security refers to the state’s redistribution of resources. When citizens give birth, get old or ill, die, become disabled, are unemployed, the state redistribute national revenue for getting rid of the elements that affect the survival of citizens and protecting their fundamental rights. Foreign countries have accumulated a lot of experience in the long-term practice, which includes the establishment of specific procedure and special procedure of judicial remedy, the emphasis of the economical judicial remedy, and the maintenance of the termination of judicial remedy. However, there are a great number of problems existing in the judicial remedy for the disputes over the right to social security in China. To be specific, the level of legislation on the right to social security is relatively low, the legislative system of the right to social security is not scientific, the scope for accepting litigations is limited, the costs for maintaining the right is high, and the judicial organizations and the judges are not professional enough. Taking these problems into consideration, the author puts forward some suggestions for improving the mechanism of judicial remedy for the disputes over the right to social security in the thesis, such as raising the professionalism of the judicial organizations for solving the disputes over the right to social security, optimizing the pre-procedures, enhancing the cohesion of procedures, and introducing the principle of shifting burden of proof, etc. At present, China has stepped into a stage of rapid development of the socialist marketing economy. The unfair distribution of income and the gulf between the rich and the poor have come to be the increasing unstable factors in society. The continuous improvement of the mechanism of judicial remedy for the disputes over the right to social security would guarantee the fundamental rights of citizens, make the redistribution of resources more reasonable and make the society fairer so as to promote the establishment of the socialist harmonious society.