转型时期社会保障价值取向及其法制化

社会主义市场经济的目的是要消除两极分化,实现共同富裕。而市场本身存在许多靠自身不能解决的缺陷,社会保障制度是解决“市场失灵”、达到社会公平的有效路径,是在追求效率的基础上更高层次的、全体公民权利的保障,具有促进经济发展和维护社会秩序的双重功能。在当前法制现代化的历史进程中有必要加快社会保障的法制化,使社会保障在法治的轨道上运行,从而用法律来保障公民的生存权利。

Values of Social Security System and its Legislation in Social Transformation Period

Socialism is bound to eliminate polarization and achieve common richness in the end. Many lacunae exist in the market, which the market can't solve itself. Social security system is an effective means to solve "failure of market" and realize social fairness. Based on pursuit for efficiency, it aims to guarantee the entire citizens' rights in higher level, promoting economic development and maintaining social order objectively. In the course of modernization of legal system, it is necessary to speed up legislation on social security system and enable it to function within law so as to guarantee the citizens' rights of subsistence through law.