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社会保障权是公民按照宪法规定享有的可以要求国家积极保障其过上享有人类尊严的基本生活的权利。作为社会权的属性决定了社会保障权应主要依靠通过立法机关积极的立法来达成,但这并不意味着完全排斥该权利的司法可救济性。承认社会保障权是一项权利,国家就有义务满足权利人的合法要求,保障权利人社会保障权的实现。社会保障权的可诉性具有学理上、国际法上的依据,并为一些法治国家司法实践所采纳。
The right to social security is the right that citizens enjoy in accordance with the provisions of the Constitution and can require the state to actively guarantee that it has the basic life of enjoying human dignity. The property as a social right determines that the right to social security mainly relies on the adoption of positive legislation by the legislature, but this does not mean that the right of the judiciary is completely excluded. It is a right to recognize the right to social security and the state has the obligation to meet the legal requirements of the rights holders and ensure the realization of the right to social security for the rights holders. The suability of social security has the theoretical basis and the basis of international law, and is adopted by some jurisdictions in the rule of law.