On The Social Security Claim And Its Realization

The social security claim is the citizen’s right that the citizen requests the administrative subject to fulfill the payment obligations for the survival and developmental needs in the context of the law. The security claim’s subject of right is the citizen, non-general sense of the various administrative counterparts. The social security claim’s content is the survival and development rights and interests of the various entities. The administrative subject’benefits administration is the chief way to meet and realize the social security claim. The administrative subject is the behalf of the state to meet and guarantee the citizens’rights of the social security claim. The social security claim is the fundamental and initial rights in the whole civil society rights.To set the exercise of the principles of the social security claim, there are many factors to be considered. The realizations of the principle of citizens participation requires to exercise their rights with positive sense. The administrative subject needs to establish a sense of responsibility. The sense of responsibility needs a relying that the administrative subject establishes service concept, integrity concept and responsible concept. To set the procedure system of the social security claim needs diversity. The basic and initial feature of the social security claim needs to be considered. The realization principles of the social security claim are considered to provide legal principle; time principle; the principle of strict responsibility of the administrative subject; the emphasis on the principle of the procedural guarantees and relief system’s diversity. To view the exercise conditions of the social security claim within the horizon of administrative law, can be analyzed from different aspects. Here, mainly from the subject condition, procedure condition and relief condition to analyze.The development of the social security benefit is a gradual improvement process. With the development of the practice and depth of the research, the content of the social security claim will be more abundant. To set the subject of the social security claim must consider subject difference. To provide advance payment system in administrative litigation should be considered. The differences in the relationship between different provisions and uniform provisions should be analyzed for the realization of the social security claim in the content areas of the same social security claim.The role of government with the history of the development is evolving. From the negative non-intervention administration to moderately active intervention administration, from the emphasis of the order administration to the importance of the benefits administration, all these show a problem that the functions of the government can not be done to generalize the general analysis. The protection of the social security claim should focus on a country’s national conditions. The protection of the social security claim should be considered the immediate and long-term relationship.To promote unity and harmonization of legislation is needed. Legislation based on the constitution should be adhered. To analyze the different legal documents’harmonization and unity is needed for legislative harmonization and unity. The legislative development of the social security claim is a process. Throughout its evolution process, central legislation and local legislation takes on different characteristics. To overcome the problems of administrative regulations is needed.To determine the subject system about the realization of the social security claim is needed. To improve the subject of right system on the realization of the social security claim is needed. The right subject of the social i security claim is citizen. The subjects of rights are difference on different types of rights. The obligations’subject of the social security claim is the administrative subject. To clear the status in the law on the existing social guarantee and non-administrative subject of the institution or organization is needed. The protection of the social security benefit requires the administrative subject to achieve protection that should be non-interval, systematic and holistic. To play the role of the government’s overall situation is difficult to avoid to solving this problem under the case of lack of clarity in the law.The matters of the social security claim analyzed have: the issues involved about the same administrative actions made by the higher administrative authorities and the lower administrative authorities in common; the issues involved about the same administrative actions made by many of the same level administrative authorities; the issues involved about the same administrative actions made by a number of the higher administrative authorities and the lower administrative authorities at the same time. The different administrative subject’s legal systems of procedure links and behavior contact have: the consultation system, the joint system, the functions of the separation system, the coordination system and so on. The exercise of the administrative discretion should be exercised within the framework of the rule of law.To establish the correct idea of the social security claim’s exercise procedure is needed. To analyze mention system of the social guarantee claims is needed. To consider the conditions of the exercise of civil rights is needed. The principle of procedure openness and the principle of the social security claimants’participation should be highlighted on the administrative procedure perfection of the social security claim.The nature of the social security claim require the government to act positively, however, due to the existence of the current complex situation, some departments have more or less the situations of the administrative omission. The legal systems considered on perfection of administrative review legal system have: the timeliness of applicant’s guarantee system, the limitations of the administrative review level. The legal systems considered on perfection of administrative litigation legal system have: the scope of admissibility of the case and the issue of the trial procedures.