社会保障普通法权利初探

Study on Social Security Rights of the Common Law

社会保障普通法权利是指宪法以外的其他普通法所规范的具体的社会保障权。从世界社会保障立法的历史溯源来看,社会保障普通法权利的种类趋于全面、综合,覆盖范围逐渐扩展到全体社会成员。社会保障普通法权利具有自身的特征与规范效力,因此,有必要加强和完善社会保障普通法的制度建设。然而,我国社会保障普通法权利在法律渊源、权利范围、资金来源、规范效力等方面存在着城乡不公,确立社会保障普通法权利制度的城乡一体化目标与方向将是我国构建和谐社会,发挥社会保障民生保障作用的必然要求。

Social security rights of the common law are the specific social security rights regulated by other common law outside the Constitution. From the world＇ s social security legislation in the history of the origin, the type of social security rights of the common law is becoming comprehensive, integrated, coverage gradually extended to all members of society. Social security rights of the common law have their own characteristics and effectiveness of norms, it is necessary to strengthen and improve the social security system for the building of the common law. But there are unfair aspects between urban and rural areas about the sources of law, the scope of rights, funding sources, regulating effect. To establish integration goals and direction about social security rights of the common law will be an inevitable requirement for build a harmonious society in China, and will guarantee people＇s livelihood.