The Research On Social Security Right On The Administration Law In China

This article is composed of the introduction,the main text,and the conclusion.The introduction briefly deals with the writing background present situation of the research,the train of thought concerting the wring,research goal as well as research techniques.The main text is divided into third parts,namely social security constitutional government rationale;executive power vicissitude and social security administration main body development;the social security administration opposite party right development with exercises the way transformation;Social security relief system.The first part is the wring guide and thought origin.It is the theoretical of socialsecurity.The social security administration authority originates from the people,serves for the people,it is the government's responsibility toessential matenal assistance to the impoverished people.The human rights are the eternal topic unde cliscussion the people discusses,the right tosubsistence is the basis of all human rights long-term developing process in our country,is government's political duty.Fairjust is the social security value pursue,but this kind fairjust is under the benefit dynamical equilibrium fair,just,is not "the egalitarianism "fair, the just return,in order to achieve this goal,perhaps the present stage consummation administration procedure system,the initiative procedure fair,is just is the only way.The administrative government by law and the harmonious society initiate the benefit relations organic fusion is unified,establishes the perfect social security system is must pay attention to the weak trend community the benefit,coordinated social various social strata benefit relations uniformity.The second part has discussed in turn the three main of basic undersdanding to executive power basic understanding,executive power vicissitude and social security administration pattern,social security administration main body,into pointed out the positive role as well as negative effect which displays in the social security,inquired about overcomes the executive power negative effect of the executive power the way.The social security executive power exercised the main body already to multiply,the behavior way needed strictly to follow legally the administrative principle,it"the authority"the characteristic went into hiding gradually,the service characteristic presented gradually.The service not only is one kind of right also is one kind of duty,the social security executive power is the right and the voluntary fusion,therefore social security administration main body when exercises the administrative authority should fully consider the social security administration opposite party benefit,carries on the communication with it,the coordination.The social security executive power manifests should be the all-round consideration public interest and the citizen personal interest,causes the two coordinated development.The executive power constructs the consummation in the social security domain execution request the social security administration law system.Take invaded the profit administration to force already the scenery as the characteristic administration no longer,but this did not mean the administration forced to lose the survival space beside,only became the administrative main body in to exhaust forces except the administration under all methods premise one spare methods.The social security administration pays should explicitly stipulate by the law that,must pay the behavior most at least for the habit under social security administration to provide the legal basis.The government executive power needs to follow the principle in the social security. Based on the public interest consideration,the midway changes the original decision,also must to the social security administration opposite party benefit which receives the harm compensate or the compensation.The social security administration legislation should implement fairly the principle which unifies with the efficiency,in fairly achieves the balance with in the efficiency proper attention to both dynamic process.In in the construction harmonious society's process,the administrative law should more pay attention to the fair question to be supposed to become people's mutual recognition.On the one hand executive power:Causes the right to subsistence from"to be supposed however"to turn"is solid however";On the other hand the social security domain also exists exploits power,abuses the 3 executive power the phenomenon.Turns the head the social security development history,the order administration time take the laissez faire liberalism as the characteristic social security administration,the service administration time cannot conform to the society need to develop take"the welfare state"as the characteristic social security administration.In view of the social security executive power omnipresent malpractice,must disperse the social security administration function for this,causes the social security administration to coexist from government's direct administrative transition for the direct administration with other non-government apparatus indirect administrative.The third part has analyzed the perfect balanced of condition the authority and the right structure,had pointed out the exited of social security the executive power and in the administrative opposite party right structure as well as solution plan.The balanced executive power and the civil rights as well as the corresponding public interest with social many Yuan benefits the and so on personal interest relations,the administrative law relations all quarters main body all are can move,both sides both oppose and cooperate. The administrative law both must perform to the bilateral main body to restrict,and must perform to drive.The administrative main body should defend and promote the administrative opposite party legitimate rights and interests,administrative opposite party must understand and support the administrative main body the law enforcement behavior,specially must form the harmony,the cooperation administrative relations pattern through the interaction participation mechanism.Our country social security executive power and the administrative opposite party right is being at one kind of unbalanced condition,mainly manifests in:The social security administration main body and the social security administration opposite party authority advantage disposes unbalancedly;The social security administration main body and the social security administration relative side procedural right duty is asymmetrical;The social security administration main body and social security administration opposite party obtains respectively the benefit is asymmetrical;In order to cause the social security administration main body and the social security administration opposite party authority(advantage)thestructure balances roughly,one of adjustment strategies is:Enhancement right consciousness,the increase right content,the transformation rightexercise the way.The conclusion is mainly the summary of the full text and expects further discussion,obtains the basic concepts.