20世纪以来,随着人类经济、政治、社会文明等方面的飞速发展,社会保障〔1〕已被各国通过不同的宪法实践〔2〕确认为一项必不可少的基本权利。正如联合国《世界人权宣言》所称:“所有公民,作为社会成员之一,都享有社会保障权。”〔3〕虽然如同社会经济权利的其他权利一般,社会保 Since the 20th century, with the rapid development of mankind’s economy, politics and social civilization, social security has been recognized as an indispensable basic right by various constitutional practices in various countries. [2] As stated in the UN Universal Declaration of Human Rights: “All citizens, as members of society, have the right to social security.” [3] Although other rights, like social and economic rights,