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Research On The Legislation Of Strengthening The Protection Of Social Rights

Posted on:2018-08-16Degree:MasterType:Thesis
Country:ChinaCandidate:B FangFull Text:PDF
GTID:2416330536974991Subject:Constitutional Law and Administrative Law
Abstract/Summary:PDF Full Text Request
Social rights refers to the requirement that the State take positive action and establish a corresponding security system to provide various safeguards so that citizens can enjoy the living conditions that are in line with human dignity and thus pursue the right to happiness and happiness.The social rights stipulated in our Constitution have the right to work,the right to education and the right to social security.Social rights are accompanied by the development of the second generation of human rights by the constitution of the world,and personality respect is the theoretical basis for social security.The realization of social rights requires the state to take positive action,the state bear the corresponding payment obligations.Although the protection of social rights in our country has initially established a legislative guarantee system,but there is legislation lazy,the lack of important legislation.In practice,the protection of social rights is not ideal,employment discrimination,education,equity,social security and other issues are very serious.The guarantee of social rights need to strengthen the local legislation of the city is also due to the implementation of our constitution and the constitutional supervision system can not guarantee the basic rights of citizens,at present our country constitutional supervision and the implementation of the constitutional system is still in the exploratory stage.There is a constitutional basis for the municipal legislation,and the local people's congresses shall,in accordance with the Constitution,guarantee the implementation of the Constitution in their respective administrative areas.Local laws and regulations of the municipal system have positive significance to the protection of social rights.On the one hand,it can make up for the absence of legislation to strengthen the protection of social rights.On the other hand,we can make detailed measures to make social rights in our administrative areas Safeguards can be effective."Legislation law" will have the main body of local legislation from the "larger city" to expand the "city",for the local legislation to protect the rights of citizens to provide a basis.In order to make better use of local legislation to protect the social rights of citizens,we must first understand the legislative authority.Secondly,it is necessary to deal with the internal relations of the legislative power in the actual application process,change the legislative tendency of emphasizing economic management and environmental management and neglect the guarantee of social rights.Moreover,the legislative authority stipulated in the current legislative law may appear to meet the actual demand situation,If the practice encountered to be properly handled,otherwise it may violate the legislative authority.The city of the district should also properly handle the position of its own legislative power in our legislative system,abide by the principle of legal retention,do not contradict the principle,if necessary,the first trial legislation.This paper explores how to play the role and function of local legislation in the city to strengthen the social security as an example.The conclusion of this paper is to give full play to the function of local legislation,promote the central and local enthusiasm and strengthen the basic rights of citizens other than social rights Protection and also have reference significance.
Keywords/Search Tags:Social right, district city, legislative authority, basic rights protection
PDF Full Text Request
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