社会保障权可诉性分析：背景、规范与实践

Analysis on the Actionability of Social Security Rights:Background,Prescription and Practice

社会保障权是否具有可诉性,在国内外理论和实务界都存在争议。这是由于两个国际公约在规定缔约国的义务、有关权利的克减和实施机制等方面存在重大差异和意识形态方面的原因,导致人们将两类权利视为不同性质。事实上,从公约制定背景、权利实现条件、国内外法律规范和司法实践上来看,社会保障权都存在可诉空间。

There is controversy in theory and in practice as to the actionability of social security rights within the country and abroad. Due to the great difference in the duties of member countries, the limitation on and the realization mechanism of related rights in the international conventions and the difference in people＇s ideology, the civil rights and social rights are thought to be of different properties. As a matter of fact, there is range for the actionability for the social security rights, viewed from the historical background of international conventions, the realization conditions of the powers as well as the legal prescriptions and judical practice within the country and abroad. It is of great meaning on the legislative, executive and judicial activites to have reseach on the actionability of social security rights.