Social Insurance Right And Its National Obligation

In contemporary China, social insurance right is a theory category strive toconstruct, whether we can build a rights system of "basic human rights-constitutional rights (basic rights)-social rights-social security-social insurancerights", whether we can prove a corresponding category of "basic right, nationalobligation" is very important to the protection and implementation of social insurancerights. If not to solve these problems from theory, system conflict and the realpredicament will still exist for a long time. Therefore, we must center on the basictheory of social insurance rights for pioneering, systematic and in-depth research.This paper integrates the normative analysis, historical analysis and comparativeanalysis method, uses research results of jurisprudence, constitutional law, social law,social security law and social insurance law extensively, and researches socialinsurance rights and national obligations systematically for three parts:The first chapter introduces and summarizes the concepts, history and basictheory of social insurance rights. The theory of citizens’ right to material assistance,insurance interest, right of claim, legislative right of claim and right to live are fivekinds of typical social insurance rights theory, there are so many differences betweenthese theories though, but are included or should include standard elements such assubject, object, content, status, properties, and values and normative elements, such asrisk form and insurance accident. Social insurance rights experienced from start-up todevelopment, from formation to the historical process of rising, and faced with greatchallenges in foreign; In China, social insurance rights are changed from birth toreverse, from the back to the development, and develops to the mature period untilnow. The social insurance rights based on right theory, the social security thought,distribution justice theory, social joint thought, welfare state theory has richtheoretical connotation and full of realistic basis.The second chapter structures the legal status, properties and structure of socialinsurance right from the point of view of norm. The subject of right of socialinsurance rights is insurant mainly to the citizens; Subjects of duty include country, employers and insurant, the country is the main subject of duty; The object is socialinsurance interest, the social insurance treatment and the social insurance services;Rights’ content is the content of the obligations of a nation in the constitution,including to participation rights, rights of claim, the right of benefit, rights to know,supervision rights and right of relief in the common law.The third chapter summarizes four national obligations of the social insurancerights from the state compulsory and its hierarchy theory. National obligations differfrom country responsibility, and has the profound philosophy of law andconstitutional philosophy basis. It is the most important constitutional jurisprudencecategory to the protection and the realization of social insurance rights.Overall, the purpose of this article and value lies in the rights of normativeresearch, and tried to make the discuss of social insurance rights from moral research,political research, system research and policy research into the orbit of legal researchorbit, if not the social insurance rights cannot become a right as it ought to be to aright as it is completely. This paper is still doing basic research of the social insurancerights and preliminary construction of specific rights. It doesn’t describe the details ofthe rights, it wants to show general view of the rights, the latter is the next step willbe the focus of research.