The Research Of Social Rights Of The Elderly Based On Shenzhen

As a social law,the law of protection of the rights and interests of the elderly is complicated,for the reason of it's combination of public law and private law phase properties,and it's intersection of law and sociology.Also for those reason,both law and sociology have done extensive and in-depth research on it.For the elderly social rights belongs to social welfare or to human rights,has certain dispute.Therefore,it also affects the social rights in the elderly.In this paper,the nature of the old social rights was analyzed theoretically,including the rights of theoretical basis and legitimacy.The elderly rights were regarded as a kind of human rights,its essence embodied in a country demanding as social rights.In practice,the social rights of the elderly often be seemed like a kind of welfare,and form this point of view,it often leads to low degree of right to enjoy of the elderly.In the survey,a number of elderly people complain about this,but they do not have the answer.To improve the social situation of this undesirable society,firstly,it is necessary to define the nature of the social rights of the elderly.Second,we will discuss and improve the relevant institutional Settings under the framework and concept of social rights;Finally,the legislation system of the elderly is formulated according to the local conditions.We will establish a framework of social rights for the elderly,which is effective in terms of ideas and systems.In this paper,from the perspective of human rights,focusing on the protection of old people's rights in the regulations on social rights.In this paper,the concept of social rights,property,theory development and legislative practice are analyzed.From distributive justice,intergenerational justice and basic goodness three aspects,demonstrating the legitimacy of the old people enjoy social rights.In legislation and practice of social rights in the elderly in Shenzhen city as samples,analyzed inequality of the old social rights,and the policy is various and complex.In order to protect the old people's social rights,shall strengthen the judicial applicability,the importance of strengthening the judicial relief,enhance the promotion of social rights and value orientation for the elderly.For the inequality of social rights and the legal problems,during the practice of of local government,shall abide by the provisions of the constitution and the elderly rights and interest protection,improving the local legislation system,reduce inequalities to distinguish the household register,gender and age.Actively create convenient conditions for the elderly,to truly carry out the social rights of the old people.