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十八届四中全会通过的《中共中央关于全面推进依法治国若干重大问题的决定》,对加快建设社会主义法治国家作了全面部署,依法治国被提升至前所未有的高度。社会保障法治建设需落实赋权、护权与制权。赋权就是赋予公民社会保障权利。现代社会保障是公民的基本权利,这在相当意义上是从自然权利或应然权利来说的。必须通过法律规范将社会保障基本权利具体化为法律权利,公民的诉求才能得到法律的支持。赋权是公民实际享有社会保障权利的基础与前提。
The “Decision of the CPC Central Committee and the Central Committee of the Communist Party of China on Some Important Issues in Ruling the Country by Law” passed by the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China made an all-out deployment to speeding up the building of a socialist country governed by the law and the rule of law was elevated to an unprecedented height. The construction of social security by law requires the implementation of empowerment, protection and control. Empowerment is to give civil and social security rights. Modern social security is the basic rights of citizens, which in a quite sense comes from natural rights or contingent rights. The basic rights of social security must be embodied as legal rights through legal norms, and the aspirations of citizens can be supported by law. Empowerment is the basis and premise for citizens to actually enjoy social security rights.