Study On The Litigation Of Civil Society Right

The basic rights of the constitution have been developed from the modern society to the right of the modern society. As the second generation of human rights, social rights,both in the West and the West have an important legal status. The research on the right of the society is one after another, which concentrates on the question of the right of the society. The research on whether the right to the right of the society and the procedure of litigation has gained wide attention in the academic circles. Theory of right of action is considered to be the connotation of human rights theory, the internationalization of the theory of right of action in the constitution, the protection of the right of action for the realization of the right of action theory escort, the theory of right of action in the development for social rights can be actionable provides help, the path to achieve more realistic possibility. In addition, the discussion about the country under the rule of law, the responsibility of the government is in full swing, the Fourth Plenary Session of the eighth is throughout the provisions of the major issues of the rule of law. The rule of law, the supremacy of the public welfare is the connotation of the responsible government. The above theories provide the basis for the development of this paper.In China, out of the nature of the nature of the socialist nature of the understanding,the social right to obtain a clear recognition and protection. With the improvement of citizen’s right consciousness is the transformation of our society, awareness of human rights has become a hot topic, constitutional rights protection and the implementation of the aspirations of the deepening of social rights feasibility requirements more and more high,also more and more urgent. Among them, the issue of social rights related to the people’s livelihood is particularly prominent. Labor rights, the right to education, the right to life and so significant problems, however, "no relief, no right", citizens do not have the appropriate way to express their demands, making many of the provisions of the right to social fail, no channels for the expression of the social problems intensified, mass incidents occur frequently. The people’s livelihood is the focus of attention of the party and government,but also a problem to be solved in social life. The research on the issue of social rights is bound to become an important issue in the academic field.A private social rights issues has been the legal protection, such as citizens and the controversy can through labor arbitration, filed litigation and other ways to solve. In this paper, the with the national benefit obligations perspective, mainly discuss the social rights of citizens and the state, social relations the significance level, such as the provision of employment opportunities is obligation of the state and social relief is the responsibility of the government and citizens should by what means to safeguard their legitimate rights and interests, and so on. The research related to normative legal documents of social rights, bothhas the legal recognition of social rights and social rights in ought to be; both recognized in the constitution of social rights, there are the department law, refinement of social rights. In short, the social right which this article studies is a group of rights, also is a kind of right, is a right bundle. This article will also be based on the theoretical discussion of social rights,practical analysis and institutional framework.The first part, "Introduction". Mainly introduces the background, research status,practical significance and innovation, concentrates on the main points of the full text of the play.The second part, "the theoretical analysis of the civil social rights". Mainly from the three aspects of the theory of human rights, human rights under the framework of theory on litigious right and national compulsory theory to proceed, by right and relevant theories and legitimacy to the main content of the economic, social and Cultural Rights Convention as the background of the times, linked to the protection of the right of action theory and state responsibility theory, the social right actionable provide a firm theoretical basis.The third part, "the empirical analysis of the lawsuit of civil social right". Mainly from the two aspects of the civil society in the historical evolution and the international community in the legislative practice of investigation of social rights can be were,respectively, explain the social rights of citizens from the abstract concept of rights to legal confirmation of the development context and the international and regional about social rights legislation to protect, summed up the international community about the social security right effective means, from an empirical point of view of social citizenship can be sued to justification.The fourth part, "the current situation of our country" s social right and Realization obstacle". Mainly includes two parts of our country’s current situation and obstacles.Among them, the present situation of our country includes two aspects of legislation and judicial, legislative status collected about social rights prescribed in the Constitution and laws of our country, mainly scattered in the Constitution and labor law, compulsory education law and other department law; judicial status through the investigation about social rights in our country’s system frame and the judicial practice in social rights cases, to elaborate the implementation of China’s social right and to illustrate social rights can appeal in the realistic necessity of our country; the barriers to achieve mainly through normative analysis method for the system architecture to provide a basis.The fifth part, "the realization path of the citizen’s social right". According to the previous study on the theory and practice of civil society right, it can be known that the right of society can be a practical necessity in our country. By absorbing the successful experiences of other countries, draw lessons from, for the social rights of our country canbe sued the path architecture, including two from the view of the protection of the Constitution and administrative litigation, such as through the constitution of the concrete,improve the public interest litigation system constructing social rights can be actionable in the path.Generally speaking, the social rights of citizens from the theory and logic should be with V., international legislation and judicial practice also proved the feasibility and present situation of our country determines the the implementation barriers, the need for new path architecture.