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社会保障制度的发展和完善通常都以立法机关制定或修订相关法律、法规为先导。英国1601年的《济贫法》,德国1883年的《疾病社会保险法》,美国1935年的《社会保障法》都遵循这一规律。随着历史的推演,社会保障立法不断繁荣,法律效力不断提高,法律保护的范围也不断扩大,并逐渐成为了独立的部门法。在社会保障的发展历程中,为了社会保障公平价值的实现,社会保障立法的保护将不可或缺。
The development and improvement of the social security system are usually guided by the legislature to formulate or amend relevant laws and regulations. The “Poverty Alleviation Law” of Britain in 1601, the “Social Insurance Law of Disease” in Germany in 1883 and the “Social Security Law of the United States” in 1935 follow this rule. With the deduction of history, the legislation of social security has been continuously prospered, the legal effectiveness has been continuously improved, the scope of legal protection has also been constantly expanded, and it has gradually become an independent sectoral law. In the course of development of social security, in order to realize the fair value of social security, the protection of social security legislation will be indispensable.