中国社会保障法律体系的构想

Introduction to the Structure of Social Security Law System of China

分析了中国社会保障体系的立法背景,根据法律体系构建原理描述了中国社会保障的法律体系结构,指出我国社会保障体系应由政策优先向法律优先转移。从概念研究入手,立足于国际经验比较分析,根据中国宪法原则,提出了关于中国保障法律体系内容和结构的初步设想。

By analyzing the legislation background of the social security in China, the author addresses those challenging issues, describes the legal structure of the Chinese social security based on the principles of general legal structure, and promotes the transfer from policy priority to legal priority. The approach covers various researches and analyses on its legal concept, legislation status, legislation logic and method. It also makes useful comparison of the experiences and lessons in other countries and specific description of the legal structure of social security in China. The study of the legal structure of future social security in China will be based on accurate definition and serious structure. As a result of the study, this paper makes valuable suggestions on the concept and structure of the social security legislation in China in accordance with the principles of the China Constitution.