A Systemic Interpretation of Social Rights in the Chinese Constitution
April 23, 2024 11:03 Source: Chinese Social Sciences Magazine Author: liu han

liu han

SCHOOL of Law, Tsinghua University    

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Prescribed by the Constitution of the People ’s Republic of China, Social Rights PROVISIONS Cannot Be Comprehended in Isolation, NOR Can the Be Interpreted Simply by Referring to the Concepts of Positive Rights or bet365 live casino games Socio-Economic Rights in TRADITIONAL. On the basis of the constitution, Social Rights Exhibit Three Interreled Dimensions from the Perspective of Systemic Interpretation: Promotion People ’s Wellbeing, Promotion Democratic Politics, And Promotion Citizens ’Participation in State-Building. In the overall structure and normalization of the constitution of china, Social Rights Are Not only a Kind of Socio-Economic Right, But Also A Fundamental Right with a Socialist bet365 live casino games Nature. Specifically, Social Rights Are Individuals ’Right to Claim their Economic Welfare From The State, As Well as the Basic Civil Right of Realization A Comprehensive Social Identity. They has a social and economic nature, And to a Certain Degree a Polital Nature. Correspondingly, The Normative Structure of Social Rights, And in Particular their Functions and Orientation Toward Obliguation, Are Constructed on the Basis of this kind of nature. The function bet365 best casino games of social rights are postedly manifested as objective value, and its specific duty to protect not only points to specific state institutions such as the constitutional review organs and judicial organs, But to the Whole National Governance System, Thus Forming A Chinese-Static Guarantee Model of Social Rights.

  Keywords: Social Rights, Common Prosperity, Socialist Construction, Labor Rights, Systematic Interpretation

  

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