Research on the Judicial Relief System of the Right to Social Security
|School||Southwest University of Political Science|
|Keywords||Right to social security right to relief judicial relief System Construction|
Right to social security is a basic human right of citizens. This article adopted the concept of a broad right to social security, that it not only includes social insurance,but also social assistance and other cash or similar distribution according to need of social welfare.Obligations as a standard to the legal nature of the right to social security,it can be either a positive right, and also can be a negative rights;Based on the standard rights,right to social security can be both moral rights and legal rights and there is no absolute Division.With the rapid economic and social development, people’s livelihood is becoming a top priority of government work, but citizens in the enjoyment of social security, exposing more and more problems.The current system of civil and administrative remedies have not well adapted to social security development, the interests of vulnerable groups is difficult to obtain timely and effective protection.This not only weakens the prestige of the law, but also hinders the smooth progress of social security.So judicial relief to the right to social security have come into being.Meanwhile, the current study of constitutional rights, often remain in the traditional "human rights" perspective, which is broad and extensive.Explore the "right to social security will help study constitutional rights carefully,and form a more complete and systematic research.Since the Court has a certain function of policy formation and able to apply rational basis review and constitutional interpretation to resolve the issues arising in judicial practice.Stressing the Government and State obligations is of great significance to social security.This can work for the judiciary to find a practical way.China currently does not exist a perfect right to judicial relief system of social security.Right to relief depends more on the administrative proceedings and civil proceedings.But the two methods for dispute resolution is not enough in terms of social security disputes.The current lack of judicial applicability of the Constitution, can not properly play its role in rights protection.At the same time the high cost of social security and the limited scope of judicial relief line appears highlighted the shortcomings of judicial relief system.Therefore, to adapt to the situation of China,to build a social security system of the right to judicial relief system is imperative.Western countries in building the right to judicial relief social security system, has been had quite a long period of exploration, and formed the right to judicial relief model of social security.to adapt to their national circumstances.In this paper, we adopt historical analysis and comparative analysis and learn from Western countries to analyze the right to social security in the success of judicial relief.Combined with the special circumstances of the present stage, trying to explore a right to social security with Chinese characteristics judicial relief path, the right to improve the implementation mechanism, so that more people enjoy the right to social security.