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社会保障权是一项基本人权,各国宪法及国际公约等都以明文规定的形式肯定了农民的社保权。农民社保权作为责任政府的一项义务,符合公平正义的理念,也是农民获得自由的基础。但我国现阶段的农民社保权还存在着立法滞后、覆盖面小、水平低、管理混乱等问题,要改善这样的现状,我们应该始终秉持平等公正的理念,依宪治国,依宪立法,规范政府的权力运行,并以违宪审查制度扫除在实现农民社保权道路上的障碍。
The right to social security is a basic human right, and the constitutions and international conventions of all countries affirm the peasants’ right to social security with the express provisions. Peasants’ social security rights as an obligation of the responsible government are consistent with the concept of fairness and justice and also the basis for the freedom of peasants. However, at present, there are still some problems such as the lag of legislation, the small coverage, the low level and the chaotic management in our country. To improve such situation, we should always uphold the concept of equality and justice, govern the country according to the constitution, constitutional legislation, and regulate the government Of the power to run, and with the constitutional review system to eliminate obstacles in the realization of peasant social security rights.