What is the specific content of the social security law?

What is the specific content of the social security law? Specific content of social security

(1) social insurance

Social insurance refers to a social security system established by the state through legislation. The purpose is to enable workers to get social economic compensation and material help to ensure their basic livelihood when their income is reduced or lost due to old age, unemployment, illness, work-related injuries and childbirth. Judging from the special content of social insurance, it is based on economic security. The social insurance system in various countries, whether perfect or not, has three characteristics: compulsory, social and welfare. According to the provisions of China's labor law, social insurance projects are divided into endowment insurance, unemployment insurance, medical insurance, industrial injury insurance and maternity insurance. The object of social insurance is all workers, and the main source of funds is the contributions of employers and individual workers, with subsidies of * * *. It is the basic right of workers to enjoy social insurance according to law.

(2) Social relief

Social relief refers to the social security system in which the state and society provide free material assistance to low-income people living below the poverty line or people suffering from disasters. From the historical development, social relief precedes social insurance. As early as 1536, France passed legislation requiring the registration of poor people in parishes to maintain their basic needs. 160 1 year, Britain promulgated the poverty relief law to relieve the poor. China's ancient "Yicang" was also a relief system. These are the main forms of social relief system. Maintaining the lowest level of basic living is the basic feature of the social relief system. The main sources of social assistance funds are * * * financial expenditure and social donations.

(3) Social welfare

Social welfare in a broad sense refers to the general name of welfare allowances, welfare facilities and social services provided by the state to improve and enhance the material life and spiritual life of all social members. In a narrow sense, social welfare refers to the necessary living security provided by the state to the elderly, children, the disabled and other people in society who need special care.

(4) Special care and placement

Special care and resettlement refers to a social security system in which the state gives preferential treatment, pension and resettlement to special workers such as soldiers and their relatives and their families. In China, the objects of special care and resettlement are mainly the families of martyrs, demobilized veterans, disabled soldiers and their families; The contents of special care and resettlement mainly include the payment of pensions, preferential payments and subsidies, the establishment of military sanatoriums and glorious homes, and the resettlement of demobilized soldiers.

What is the specific content of legal protection? China's civil law mainly protects citizens' personal rights and property rights, that is, it takes civil liability to punish civil violations that violate civil obligations and infringe civil rights. The most commonly used methods to protect civil rights are tort liability and breach of contract liability.

There are many categories of legal protection in China ~ involving administrative legal affairs, traffic affairs, medical affairs, contract law, marriage and family law, property law, creditor's rights law, inheritance law, tort liability law, labor disputes, criminal legal affairs, labor security laws and regulations ~ ~

What exactly are you asking?

Related contents of social security law? What does the social security law cover, including pension, unemployment, work injury, medical care and maternity insurance?

How to download the content of social security law? There is no social security law, only the Social Insurance Law of People's Republic of China (PRC).

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If the Social Security Law is a book, please write down the author, publisher and publication date.

What are the characteristics of social security law? What is its extensive sociality?

Social security law is a typical social law, so sociality is the most important feature of social security law. Its sociality is manifested in: first, the sociality of purpose. The establishment of social security is for the benefit of society and the safety of all social members, so the goal of social security law is to achieve social stability by ensuring the basic needs of social members. Second, the universality of the subject of rights. The right to social security is shared by all members of society, and with the development of economy, there will be more and more members who can enjoy the security and social security projects that can be left behind. Third, the socialization of social security responsibilities and obligations. To gain long-term vitality, social security needs the participation of the whole society. Through legislation, social security adopts the principle that the state, employers and members of society share the burden, distributes responsibilities and obligations to the whole society, and ensures the normal operation of social security through various sources of funds.

Strict legitimacy

Social security law is a social law with its own characteristics. It is different from the autonomy of private law and the exercise of administrative power by public law countries. It has obvious characteristics of state intervention law and is a series of guidelines imposed by the state to protect the basic needs of citizens. From the establishment of social security projects, the collection of social security funds, to the scope of people enjoying social security and the payment of social security funds, there are clear legal provisions, and no unit or individual can change them at will.

Unification of substantive law and procedural law

Substantive law and procedural law are the division of legal functions. The law that stipulates the substantive rights and obligations of participants in social relations is substantive law; In order to ensure the realization of substantive law, the law that stipulates the application of substantive law and the realization procedure is procedural law. Generally speaking, substantive law and procedural law are interdependent. If there is a certain substantive law, there are corresponding procedural laws, such as civil law and civil procedure law, criminal law and criminal procedure law.

However, the social security law is not. It has both substantive law and procedural law norms, not a single substantive law or procedural law. This is because of the complexity of the location adjustment relationship of social security law. The social security law is a system composed of various social relations and various implementation links in the field of social security, so the social security law should have not only specific rights and obligations, but also procedural provisions to maintain the normal operation of the procedures. For example, social assistance not only has substantive provisions on the rights and obligations enjoyed by the rescued object, but also has procedural provisions on the qualification identification and distribution procedures of the rescued object.

Specific legislative technical details

The operation of social security must be based on mathematical calculation, which makes the social security law more technical in legislation. The law of large numbers and the law of average number are often used in social security legislation. In addition, some safety projects often use statistical techniques to determine the ratio and range. Taking endowment insurance as an example, the key technologies in China's endowment insurance legislation, including the determination of the average life span after retirement, the determination of the social pooling scope of endowment insurance funds, and the determination of endowment insurance rates, all need to be determined by using mathematical techniques.

The legislative idea of social security law is the creation of law, which needs a profound core idea. Legislative idea is the essence and soul of law, leading the formation and development of law. It laid the basic system and system of law. The important concepts of social security legislation include: the concept of survival, the concept of social connection and the concept of social equality.

First, the concept of the right to survival protection.

The right to life is a right that arises naturally with the birth of a person and disappears naturally until the death of a person. It is exclusive for life and cannot be transferred, deprived or inherited. Although the right to subsistence is a natural right, it is difficult for individual citizens to realize this right if it is not recognized and protected after the emergence of the state and laws. The abstraction of the right to subsistence also requires the state to endow it with substantive connotation and guarantee it through legislation. Therefore, the right to subsistence is a legal right in form. This duality of the right to subsistence leads to a certain distance and contradiction between natural rights and legal rights, that is, the content of legal rights, the requirements of natural rights and the goal of safeguarding the right to subsistence, which is caused by the legislative discretion of the national legislature. Austrian jurist Meng Le Anton first expressed the right to life as a "legal right".

The right to life was clearly stipulated in the original constitution, which was the Weimar Constitution formulated by Germany in 19 19. After the Second World War, the right to subsistence has been widely valued in the world. The Charter of the United Nations (1945) emphasizes that the right to life is a basic human right. 1948 The Universal Declaration of Human Rights stipulates that citizens have the right to social security, to maintain and guarantee an adequate standard of living, to work, to receive education and to enjoy a civilized life. Influenced by the Weimar Constitution and the Charter of the United Nations, the constitutions of most countries in the world have stipulated the contents and principles of guaranteeing the right to subsistence. The civil rights guaranteed by the Social Security Law include all the contents of the right to subsistence. Whether it is social assistance and poverty alleviation legislation, social insurance and social welfare legislation aimed at improving citizens' quality of life, the concept of safeguarding the right to life is permeated. Second, social communication thought.

Social contact refers to the interdependent relationship formed on the basis of social division of labor. In this relationship, everyone does his or her job and realizes that he or she must rely on others, thus forming a sense of interdependence, unity and connection with society. The thought of social communication has a long history. As early as the birth of human society, the idea of mutual assistance and help existed in the same blood. Later, it developed into mutual assistance among members of the same group in the region or in the professional field. Durkheim, a French sociologist, first theorized the idea of social connection, and he systematically expounded the interdependence between people in the theory of social unity and social division of labor. Influenced by Durkheim's theory, French jurist Diji founded the law of social association, which holds that the law is based on interdependent associations, and the law only stipulates that it is forbidden to infringe on or maintain and develop social associations.

Social security is the cause of the whole society. As the organizer of this system, the state can only achieve its goal by relying on the participation and mutual assistance of all members of society. Therefore, the concept of social connection has become an important concept in social security legislation. According to this concept, all members of society should bear the corresponding social security responsibilities, fulfill the obligations of social security mutual assistance and economic assistance, and participate in social security undertakings. The influence of social common thought can be found in the social security legislation of various countries. Third, the idea of social equality.

Social equality means that members of society are in the same social status and enjoy the same rights politically and economically. Social equality is the ideal of human society and the highest value pursued by law.

However, the traditional private law only protects the formal equality of social members, causing many substantive inequalities in politics, economy and life. Social law, including social security law, criticizes private law for covering up substantive inequality with formal equality, and regards the pursuit of substantive equality of social members in economy and life as the value of law, which fully embodies the concept of social equality. Among them, the social security law guarantees that members of society enjoy equal rights to exist through the redistribution of national income. The concept of social equality is the starting point and destination of social security legislation.

Urgent ~! What is the origin of the social security law! The fundamental source of social security law comes from the Constitution. The right of citizens to get material help stipulated in the Constitution is the source of citizens' social security. Of course, the social security system should also have a legal source, that is, the social security law enacted by the National People's Congress and its Standing Committee as a specific legal guarantee, but as far as I know, this law is still being formulated.

On the function of social security law. With the development of mankind, the relationship between social security and people is almost inseparable. With the continuation of history and the development of socialized mass production, social security has increasingly shown strong vitality and played an important role in promoting economic growth and social development.

First of all, social security has many economic functions, mainly including the following aspects: the function of protecting and allocating labor force. The normal and healthy life of social members is the foundation of social progress. Without this * * *, it is a hidden danger of social instability; Without this, workers' enthusiasm for production cannot be mobilized. However, under the condition of market economy, the competition of survival of the fittest is inevitable, which will inevitably lead some workers to withdraw from the labor market, making them and their families lose their income and face the crisis of survival. At this time, social security can help these social members get rid of the crisis of survival and maintain the minimum basic needs of life, thus ensuring the production and reproduction of labor. At the same time, through the establishment of a unified social security network and perfect social insurance system, the worries of social members caused by job changes or family migration can be relieved, so as to promote the rational flow of labor force, realize the effective allocation of labor resources and realize the normal operation of social economy. Adjust the investment and financing functions. Social security funds are highly stable. The social security funds accumulated in decades, if used reasonably, can not be ignored. At present, the use of social security funds in all countries in the world is to invest in projects with high profits to maintain and increase value under the condition of ensuring investment safety, but objectively it has indeed become the main means for the state to adjust investment and support national construction to a certain extent. For example, 1988, the investment income of insurance funds in the Philippines and Malaysia accounts for 54.9% and 35.4% of the total social security income respectively, which shows its important role in financial investment and financing. However, at present, the misappropriation of social security funds in China is serious and there is a shortage, and this role has not been brought into play. Redistribution function of national income. First of all, although the market mechanism ensures the rational allocation of various resources in the implementation, it also has negative effects, and some unstable factors, such as the difference in distribution and the disparity in income, will inevitably lead to the decline of income and difficulties for some members of society. At this time, social security can give the low-income class the necessary payment, or pay the necessary income when they are old, unemployed or disabled, which will redistribute the uneven income distribution caused by economic activities, realize the readjustment of national income, narrow the gap between the rich and the poor as much as possible, and ease social contradictions.

Secondly, social security also has social functions. Social security can help the unemployed or those who have no source of livelihood, the poor and all wage earners, those who temporarily or permanently lose their ability to work and those who temporarily lose their jobs through social assistance, social insurance and social welfare, so that they can maintain the minimum living standard and meet their basic needs. Secondly, it also has the function of social stability. As we all know, there are many factors that lead to social instability, among which the insecurity of social members is an important reason. In ancient China, there was a view that "the poor were born with evil spirits". Therefore, social security has been generally regarded as a "safety net" and a "shock absorber" to stabilize social and political order and ensure social stability. The "cradle-to-grave" welfare state, which prevailed in the 1970s, had a high unemployment rate in a certain period, but the social order was relatively stable, which was the performance of social security as a "safety net". When summing up the role of social security systems in various countries, the International Labour Organization pointed out: "Without social stability, there will be no social development; Without social security, there will be no social stability. " This generalization fully illustrates the social stability function of social security. In addition, the social function of social security also includes the function of social equity. Through the collection of security funds and the issuance of security benefits, the income of some high-income members of society will be transferred to other members of society in trouble, so as to promote social equity.

What is the specific content of criminal law? Criminal law is a law that stipulates crime, criminal responsibility and punishment. Specifically, it is a law that the ruling class in power, in order to safeguard its political rule and economic interests, stipulates which acts are crimes, should bear criminal responsibility and give criminals what criminal punishment according to its class will. Criminal law is divided into broad criminal law and narrow criminal law. Criminal law in a broad sense refers to the sum of all legal norms that stipulate crime, criminal responsibility and punishment. It not only refers to the criminal code, but also includes the criminal responsibility clauses in separate criminal law and non-criminal law (also known as subsidiary criminal law). Narrow criminal law refers to the criminal code that systematically stipulates crime, criminal responsibility and punishment. In China, it refers to the Criminal Law of People's Republic of China (PRC) (also known as the Criminal Law) adopted by the Second Session of the Fifth National People's Congress on July 1 2007 and revised by the Fifth Session of the Eighth National People's Congress on March 14, 2004. Criminal law can also be divided into general criminal law and special criminal law, which are related to broad criminal law and narrow criminal law. Ordinary criminal law refers to the criminal law with universal use effect, in fact, it refers to the criminal code. Special criminal law refers to the criminal law that only applies to a specific person, a specific time, a specific place and a specific event (crime). In China, it also refers to separate criminal law and subsidiary criminal law.