On Judicial Remedies for the Rights to Social Security

从社会保障权的概念和法律性质入手,分析社会保障权的可诉性,并从国际公法、宪法与行政法的角度实证地考察国外法对社会保障权进行司法保护的实践。在明析我国相应法律制度之疏漏的基础上,应当借鉴各国的有益经验,健全和完善对社会保障权的司法保护。Beginning with the concepts and legal characteristics of the rights to social security,the author analyzes its justiciability,and,in the perspective of international public law,constitutional and administrative law,reviews the practice in which the rights to social security are protected by courts of different countries.After setting forth the weaknesses of the corresponding legal areas in this country,the author concludes that it is necessary for this country,considering the experience provided by other countries,to promote and perfect judicial remedies for the rights to social security