Analysis Of Claims In Social Law

As the basic category of social law,social rights have been deeply rooted in the hearts of people,and the demands of social members to realize their social rights have become increasingly strong.With the deepening of the social law theory research,so as to realize the value objective of social law fairness and justice,also need to realize the right of society.The necessity of introducing the claim theory into the field of social law has been highlighted.The right of claim in social law refers to the right of the obligee to request a particular obligor to do certain behaviors when the right of civil society is obstructive or harmful.The realization of social rights as a substantive right requires the support of the right of social claim.The subject of the right of claim in social law is the social members with social rights,mainly refers to the social underdog;the institution that undertakes the obligation is the strong group includes the state,administrative organs and specific social organizations.The content of the right of claim in social law includes two aspects,in one aspect,the social underdog demands the help of the strong society,in yet another aspect,that strong of society should respect the right of the social underdog.The right of claim in social law can be divide into different categories according to different criteria,through the different kinds of the right of claim in social law,make it more systematic.The legal relationship in social law has its own particularity,The application of claim theory in the field of social law is different from that of public law claim and private law.The realization of the right of claim in social law is influenced and restricted by various factors,there are both dynamic factors and resistance factors that restrict its realization.The relief system of the right of claim in social law is an important guarantee for its smooth realization,in order to realize the right of claim in social law,should on the basis of improving the path of public relief,we should use public relief,private relief and social relief,the combination of the three ways can guarantee the realization of the right of claim in social law.