Study On The Legislative Discretion Of Japan's Right To Survival

The protection of the right to life in the constitution is general.And whether it can directly invoke the constitutional provisions to deal with the right to social security disputes has been controversial.Therefore,the legislative discretion is an important issue in social law.This paper mainly discusses the protection of the right to life,the legislative jurisprudence of the number of types of legislation is how to be applied,what problems exist in the process.On the basis of the investigation of American constitutional cases,the Japanese issue as the focus,discusses the application of legislation in the right to life,and then reflects on the social security legislation in China.In addition to the introduction and conclusion,this paper is divided into three chapters,the main problems of each chapter are as follows:The first chapter,mainly analyzes the absorption of legislation in the American social welfare litigation.This chapter is divided into four parts.First,briefly introduces the basic meaning of the legislation.Second,analysis of the legislative discretion in the American social Welfare lawsuit is the beginning of the lawsuit field of Japan's right to exist.Third,discuss the judicial judgment of American social welfare legislation discretion.Finally,clear that the United States has not formed a unified review benchmark,the reason is that the disputes in the constitutional lawsuit involve all aspects of social problems.American unable to form a unified review benchmark,and then narrate the legislative discretion of Japan's right to life.The second chapter,mainly introduces the relationship between the final verdict of Mr Wood litigation in the history of legislative discretion and the Japanese constitution,articles 25 and 14 and the sense of legislation.In the field of social Security Type litigation,the strict reasonableness benchmark under the principle of equality should be applied to review the facts of the case.The third chapter,mainly on the basis of the Mr Wood litigation judgment,In-depth analysis of Mr Wood litigation to the impact of the legislation of Japan'sright to exist.Through the analysis of Mr Wood litigation,leads to the improper of the application of generalized legislative discretion,and finally clarify the role of the equality principle under article 14 of the constitution in the right to life.