What rights do citizens have guaranteed under the Social Insurance Law?

1. The "Social Insurance Law" determines the overall framework, basic principles, basic principles and basic systems for the construction of China's social insurance system, regulates the social insurance relationship, stipulates the rights and obligations of workers and employers, strengthens the responsibilities, and clarifies the legal responsibilities of all parties involved in social insurance. It is of great significance to establish a social security system covering urban and rural residents, to better safeguard the legitimate rights and interests of citizens to participate in social insurance and enjoy social insurance benefits, so that citizens can share the fruits of development, and promote the construction of a harmonious society.

Second, the main functions of social insurance:

1. Function to resist risks.

There are two main types of risks that citizens may encounter: personal risks and work risks. Personal risks include risks such as old age, illness, and maternity.

Work risks include work-related injuries, job losses, and other risks. Some of these risks are inevitable, such as old age and disease; Some are contingent, such as work-related injuries and unemployment. When risks arise, it is often difficult for individuals to cope with them on their own, which can have a significant impact on their lives.

The most basic function of the establishment of the social insurance system is to provide compensation for the loss of personal income when risks occur, to ensure that individuals can still maintain their basic livelihood when they temporarily or permanently lose their ability to work and temporarily lose their jobs, resulting in the interruption or reduction of income, and to exempt or reduce the worries of members of society.

2. The function of promoting social stability.

Social insurance is the "stabilizer" of society, on the one hand, it can enable members of society to enhance their sense of security, improve their psychological expectations for future life, and live and work in peace and contentment; On the other hand, it can also alleviate social contradictions and promote the construction of a harmonious social environment. The third is the function of regulating income redistribution. Social insurance is an important means of income redistribution.

Social insurance collects social insurance premiums at the same rate for groups with different incomes, and gathers them into social insurance**, on the one hand, it provides assistance to individuals with low incomes or who have lost their income** to ensure their basic livelihood; On the other hand, in terms of the treatment shared by all the insured, it is actually inclined to the low-income group, so as to promote the fairness of social income distribution to a certain extent. Fourth, it is necessary to maintain the function of labor reproduction. The market economy needs the normal reproduction of labor force, and social insurance guarantees the basic living needs of those who have temporarily withdrawn from their labor posts, makes it possible to supply and reproduce labor force, and provides a reserve army of labor force for maintaining the normal operation of the market economy.

A social security system that enables workers to receive material assistance and compensation in the event of temporary or permanent incapacity for work and in the event of unemployment. Safeguard the legitimate rights and interests of citizens to participate in social insurance and enjoy social insurance benefits, so that citizens can share the fruits of development, protect citizens' rights to receive material assistance from the state and society in accordance with the law in the case of old age, illness, work-related injury, unemployment, childbirth, etc., and promote social harmony and stability.

[Legal Analysis].

The Constitution sets boundaries for the exercise of public power. Public power is given by the people and must be used for the benefit of the people. However, there are a small number of ** who do not respect public power and respect the people, and if they are not restrained, it will cause infringement of civil rights.

The Constitution plays an important role in restricting public power, setting out the rules for the organization and operation of state organs and setting up a variety of effective supervision mechanisms for public power. In addition, the constitution limits public power by enumerating the basic rights of citizens, and the boundaries of civil rights are where public power stops. Therefore, the recognition and protection of citizens' basic rights in the Constitution is directly related to the recognition and protection of citizens' specific rights in other laws.

It is necessary to respect and safeguard the authority of the Constitution and ensure the supremacy of the Constitution in the rule of law system.

Legal basis] Constitution of the People's Republic of China" Article 5: The People's Republic of China implements the rule of law and builds a socialist country under the rule of law. The state upholds the unity and dignity of the socialist legal system. All laws, administrative regulations, and local regulations must not contradict the Constitution.

All state organs and armed forces, all political parties, all social organizations, and all enterprises and institutions must abide by the Constitution and laws. All acts that violate the Constitution and the law must be investigated. No organization or individual may have privileges that go beyond the Constitution and laws.

Article 33 All persons with the nationality of the People's Republic of China are citizens of the People's Republic of China. All citizens of the People's Republic of China are equal before the law. The State respects and protects human rights.

Every citizen enjoys the rights provided for by the Constitution and the law, and at the same time must fulfill the obligations set forth in the Constitution and the law.

The right to guarantee is a basic item of human rights. As a social right, the right to social security, also known as the right to welfare, is the right of citizens to request the state to adopt legislation to undertake and improve the basic living standards of all citizens. Specifically, the society should guarantee that individuals and families maintain a certain fixed income and receive various other benefits in the event of work-related injuries, occupational diseases, unemployment, illness and old age.

It is not only a basic human right, but also a constitutional right of citizens. It has four characteristics: statutory, non-reciprocal, composite and clustered.

Legal basis. Article 45 of the Constitution of the People's Republic of China Citizens of the People's Republic of China have the right to receive material assistance from the State and society in the event of old age, illness or loss of ability to work. The State develops social insurance, social assistance and health services for citizens to enjoy these rights.

Sweet potato. The state and social security for the livelihood of disabled servicemen, the families of martyrs, and the families of servicemen are given preferential treatment.

The State and society shall assist in arranging the work, life and education of the blind, deaf, mute, and other disabled citizens.

The right to guarantee is a basic item of human rights. As a social right, the right to social security, also known as the right to welfare, is the right of citizens to demand that the state undertake and improve the basic living standards of all citizens through calling for legislation. Specifically, the rent** and society should ensure that individuals and families maintain a certain fixed income and receive various other benefits in the event of work-related injuries, occupational diseases, unemployment, illness and old age.

It is not only a basic human right, but also a constitutional right of citizens. It has four characteristics: statutory, non-reciprocal, composite and clustered.