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Study on Right to Social Security

Author: LiuXiaoXia
Tutor: ZhouYeZhong
School: Wuhan University
Course: Constitutional and Administrative Law
Keywords: Basic constitutional rights Basic social rights The right to social security Protection of the rights Right to relief
CLC: D912.1
Type: Master's thesis
Year: 2005
Downloads: 579
Quote: 7
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Abstract

The right to social security law citizens have the conditions and to facilitate the requirements of countries to actively provide social security, social security, to maintain its survival and development of a basic constitutional rights - socio-economic rights. The right to social security, is by social insurance, social relief rights, social welfare rights and social special care rights and other sub-rights that constitute the rights system; has the nature of the legal nature and status of the mother nature and content of the composite nature, the purpose of Paul the end of sexual constitute the cluster, the main body of the individual characteristics. The recognition and protection of the right to social security is a series of international law documents an important basic human rights, and also the most countries constitutional basic social rights. The right to social security in the property attributable to basic social rights, positive rights (or claims of beneficiary), progressive sexual rights, is actionable sexual rights. The protection of the right to social security, including legislation to protect and administrative security. Its legislation to protect mainly through two ways: First, international human rights law the right to social security provisions of legislation conversion; Constitution, the right to social security provisions of the law of concrete. China has approved to join many of the provisions of the International Convention on Human Rights of the right to social security has effect on China, the Chinese government has the responsibility to faithfully fulfill the obligations under the Convention. China should strengthen the single Social Security legislation to improve the legislative level, the initial formation of the social security rights based on social security legal system determined by the Constitution. The right to social security and unimpeded needed positive state administrative organs administrative safeguards. The relief of the right to social security is the ultimate guarantee of the right to social security can be achieved. Judicial relief is the most common and the most effective channels for relief. The lawsuit is the last line of defense of the right to social security protection. Should have the right to social security as a basic constitutional rights the suability, but its suability only maintain, that the minimum social security rights \Undoubtedly also have the right to social security as a specific legal rights suability. The three judicial remedies in administrative proceedings, civil litigation, constitutional litigation composed a tight system of social protection of the right to judicial relief. When the legislature fails to perform legislative safeguards obligations, or legislative actively infringe on citizens' social security rights, citizens may bring constitutional litigation to obtain relief. Secondly, when the administrative body unfulfilled the administrative safeguards obligations, citizens should be statutory social security interests damaged, through administrative proceedings to be relief. Again, when by other subjects with equal infringement can obtain relief through civil proceedings.

Study on Right to Social Security

Abstract

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