Abstract:
The right to social security is the basic human right of modern citizens, which contains basic needs of a person’s survival and human dignity. The right to social security is vulnerable to the infringement of privacy right and public power and the choice and construction of its judicial remedy mechanism depend on the legal contents and characteristics of the right to social security. As the social right and constitutional right of modern citizens, the right to social security has the properties of legal compulsion, pluralistic subjects, compound relationships, public welfare and actionability. The judicial implementation relies on “dual system”, namely, civil procedure and administrative procedure. But the deficiency of the two models and relevant security systems affects the remedy of social security right. It is necessary to construct our country’s social security right remedy mechanism in the existing legal framework and fully safeguard citizens’ social security rights by transforming the administrative review procedure and arbitration procedure, establishing a dedicated social security court, establishing public interest litigation system and perfecting relevant judicial assistance system and legal responsibility system