Ride the Tiger: Social Security Rights in Modern Chinese Constitutions

Zhu, Zheng

Abstract

This thesis investigates the theories and practices of social security provision in the modern Chinese Constitutions. Beginning with implementation of the Chinese 1982 Constitution, it challenges the proposal of making the Constitution ‘justiciable’, by adjudicating cases in light of the Constitution and striking down unconstitutional statutes. It argues that the 1982 Constitution is primarily implemented through dynamic law-making, non-transparent review, and concealed judicial endeavours. Against this background, the study examines the social security clauses of the Constitution and their long overlooked historical origins, in particular the 1954 Constitution.
The thesis highlights the distinctive characteristics of the social security provisions in the 1954 Constitution, and by exploring the evolution and continuities of such provisions, identifies themes that emerged and recurred in the first and second halves of the 20th century respectively. It suggests that realisation of social security interests in history relies less on judicial than on political means, involving negotiation, policies and executive regulations at different government levels.
After unravelling some hitherto largely neglected details in previous Constitutions, the thesis addresses the implementation of social rights protection in the contemporary context. It starts with an investigation into the ideological transition in China, and argues that the crux of social security protection lies in the manner of financing the social security system. It contends that the main impediment to realising the social security promises is the central-local fiscal arrangements, whereby local governments bear the main responsibility of social security but have limited power over fiscal expenditures. Moreover, by discussing the political structure and its operation, the thesis challenges suggestions that the solution lies in accepting a Western model mechanically and uncritically, and ends by proposing recommendations, such as making reservation in national administrative regulation and enhancing democracy at local levels.

Citation

Zhu, Z. (2018). Ride the Tiger: Social Security Rights in Modern Chinese Constitutions. (Thesis). University of Hull. https://hull-repository.worktribe.com/output/4962069

• Thesis Type: Thesis
• Deposit Date: Dec 10, 2024
• Publicly Available Date: Feb 20, 2028
• Keywords: Law
• Public URL: https://hull-repository.worktribe.com/output/4962069
• Additional Information: Law School; University of Hull
• Award Date: Jan 19, 2018