The Research On The Right Of Social Assistance

Since Chinese reform and opening up in the past thirty years, poverty problem has become an increasing social problem, together with constantly fast growth of economy. Under such sircumstance, the reform of social assistance system is accelerated. Although citizens'right of social assistance has been ensured and protected by the Constitution, the inadequate shift from the right of social assistance in the Constitution to the right of social assistance in substantive laws leads to the difficult implementation of citizens'right of social assistance in practice, so as to impact the citizens'survival and development who are under adversity, and to impact economic development and social stability. So, the proposition of this dissertation is proposed and proved, that is, the realization mechanism of right of social assistance is the shift from the right of social assistance in the Constitution to the right of social assistance in substantive laws.Right of social assistance is one of basic categories in the area of human rights safeguard and social security, and is the core category in the law of social assistance. Based on the concept analysis of social assistance, social security, social relief, social insurance, social welfare, social special care, and the concept analysis of right of social assistance, right to life, social rights, social economic rights, social security rights, right of social assistance can be defined that the right of citizens' obtaining certain material help and services from country or society without any considerations in order to maintain basic life when they are in an unconquerable predicament.The value of right of social assistance can be understood and groped from three levels, which are equity and efficiency, human dignity and human existence, human development and social development. Dialectical unity with equity and efficiency is the basic value of social assistance, and human dignity is the core value of social assistance, and harmonious development between human and society is the final value of social assistance.Being the important content of fundamental human rights, especially right to life, right of social assistance should be belong to constitutional rights. Confirmation of the attribute of constitutional rights means to emphasize that right of social assistance is the fundamental human right that is intrinsic, inviolable, unalienable. As the fundamental human rights, right of social assistance has been confirmed and protected by the Constitution in our country, and it has laid the legal foundations for the development of social assistance.Nevertheless, there is a serious lack of the right of social assistance stipulated by the Constitution in substantive laws in our country. It is chiefly manifested that, firstly, the content of right of social assistance is not integrated; secondly, the level of right of social assistance is low; thirdly, the realization mechanism of right of social assistance is inappropriate. The right of social assistance stipulated by the Constitution can not realized in substantive laws, the reason is that many factors are operated in common such as history, economy, legal system, management system, assistance policy, supervision system, etc.The shift from the right of social assistance stipulated by the Constitution to the right of social assistance in substantive laws depends on the rule of law. We should be on the core of realization of right of social assistance, and construct a complete legal system of rights safeguard, and integrately apply all factors in the process of legislation, judicature, law enforcement, and through the confirmation of right of social assistance and the safeguard of operation mechanism of right of social assistance, we should finally realized the shift from the right of social assistance stipulated by the Constitution to the right of social assistance in substantive laws. Because of the comprehensiveness and complexity of right of social assistance, its realization mechanism involves many legal areas such as public law, civil law and social law, and shows a dynamic, open and developing system and process.