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A Constitutional Study On The Ways Of Realizing The Endowment Security Rights Of Urban Residents In China

Posted on:2020-12-16Degree:MasterType:Thesis
Country:ChinaCandidate:B Y ZhangFull Text:PDF
GTID:2416330572976601Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The aging of the population is an old-fashioned topic.It refers to the proportion of the proportion of the population,and the proportion of the elderly in the total proportion of the population is on the rise.The extension of human life has become an irreversible trend in the development of the whole person.With such a trend,the proportion of the population of the elderly will become higher and higher in the total population,and the old quantification will be more The more serious it is.Since entering the 21 st century,China has gradually begun the process of population aging development,step by step into the ranks of an aging country.Along with the increasingly fierce trend of population aging,the problem of aging has inevitably been widely revealed in China's political,social and economic fields.According to predictions,by the first 20 years of this century,the population of people over 60 years old will reach a very high value of 266 million,and the proportion of its total population will also increase to 18.7%.Of the 266 million people added,about 31 million are older people.Among the elderly population,the number of elderly people who are in an empty nest state and living alone will reach about 121 million people.As a result,the dependency ratio of the elderly will reach about 29.5%.Under such a background,the realization of residents' pension security rights is particularly important.Build a policy system for pension,filial piety,respect for the elderly and the social environment,accelerate the development of old age and industry,actively respond to the problem of population aging,and promote the combination of medical care,which is the request of the 19 th National People's Congress of the Party.The state has expressed great concern about the severity of the aging population and the full realization of the rights and interests of the old-age security.At the working meeting in February 2019,General Secretary Xi Jinping of the CPC Central Committee,President of the State Council and Chairman of the Central Military Commission made important work instructions on how to improve the social problems brought about by the aging of the population.Solving the problem of population aging is related to the well-being of hundreds of millions of people and affects the overall work of national development.We will improve the system and decision-making,strengthen the top-level design,and put a long-term vision on the major issues of childbearing,employment,and pension,and we must base ourselveson the present.Strive to achieve comprehensive,timely and scientific response,during the "13th Five-Year" development period,we must deploy and implement such an issue.Article 45 of our Constitution stipulates that citizens have the right to obtain material assistance from the state and society in the case of old age,disease or incapacity for work,that is,citizens have the right to pension security,and the right to pension security is an integral part of constitutional rights One.Therefore,the realization of the rights and interests of the old-age security depends on the implementation of the Constitution.In other words,the realization of the rights and interests of the old-age security is based on the theoretical framework of constitutional relations and is finally realized in the course of the constitutional relationship.In this paper,the main body of the realization of the old-age security rights is limited to Chinese urban residents.The state as the subject of obligation,the state power organs,administrative organs,judicial organs and non-governmental organizations bear different roles in the realization of the pension security rights.Through these four levels of discussion,we will further clarify how the rights and interests of Chinese urban residents' pension security are realized.This paper takes the realization of the pension security rights of urban residents in China as the starting point.Firstly,this group of urban residents in China is defined to determine the main research objects of this paper.Then define the pension security rights and points out what problems exist in the process of realizing the pension security rights.This paper discusses the problems existing in the process of realizing the pension security rights of urban residents,and explores the different guarantee functions played by the constitutional obligation subjects in the process of realizing the pension security rights from the four levels of legislation,administration,justice and non-government organizations.Provide guiding opinions on the ultimate realization of urban residents' pension security rights and interests,and explain the realization of China's urban residents' pension security rights from the perspective of constitutional relations.That is to say,the Constitution gives the residents the right to endowment for the elderly.Only the organs of power can formulate specific laws and regulations,and the administrative organs implement them.The judicial organs protect the rights and interests of the old-age security through infringement,and together with the non-governmental organizations,realize the obligation to protect the rights and interests of the old-age security.The rights of the rights subject,the right to medical treatment,the right to participate,the right to education,and the right toenjoy spiritual and cultural life can be guaranteed to the greatest extent.
Keywords/Search Tags:Urban residents, pension security rights, implementation, constitutional research
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