Research On Social Security From The Perspective Of Chinese Constitution

Since modern times, the social structure had changed a lot. As a result, the theory of rights also had developed. The social right appeared in this background. The social right is a positive right which is different from the traditional right. The realization of social right demands on national positive behavior, to perform its obligation for realizing social right. Social security right is the core of social right. Social security right is rooted in human dignity which embodies human beings are the end rather than the means. In this modern risk society, social security right maintains citizen’s minimum live. As a objective law, it is the value of constitution, and binding to the state public power; however, as a subject law, it is a right of claim, people can ask administrative agency to perform. System is the carrier of rights. There are a variety of questions about Chinese social security system, the reason is the wrong understanding of social security. Perfect system is the better protection of rights.This article will attempt to explain the social security system from its foundation and angles of multi-dimensions. Social security exists in both of ancient and modern theory. It reviews the social security clauses in Chinese normalization, bases on the principle of problem oriented, seriously views the problems in social security, and gives advice and makes suggestions for social security from the perspective of legislative power, executive power and judicial power.