摘要
社会保险的权利化,系诸多法律、条约在文本层面的共识,但人权视角下,权利维度在中国社会保险的理论建构与制度指向方面,及其对社会保险各项制度改革的批判、指引、控制等功能,却仍未引起应有重视。从人权与民生的二重变奏出发,提出中国社会保险制度的完善必须重视权利维度。在实证法文本及其变迁梳理的基础上,依次从社会保险与财产权、自由权、劳动权的交叉、纠缠等关联予以剖析、解构。由此,构筑起中国社会保险制度的权利基础,并对今后制度完善与改革提出批判性思考建议。
The transformation into fights of social insurance has gained consensus on the text level in many national laws and international treaties. However, from a human rights per- spective, the functions of the right dimension in constructing the theory of and directing the in- stitutions of social insurance in China and in criticizing, guiding and controlling the reforms to various institutions of social insurance, have yet to generate attention that they deserve. This paper proposes that the improvement of the social insurance system in China must put emphasis on fight dimension. Based on the empirical analysis of the texts and their evolutions, this paper analyzes and deconstructs the relationships such as overlapping and entanglement between social insurance and, successively, right to property, right to liberty and right to work. The basis of right for the social insurance system in China is thus established. This paper also presents sug- gestions of critical thinking for improving and reforming the system in the future.
出处
《人权》
2017年第4期58-72,共15页
Human Rights
