Research On The Right To An Adequate Standard Of Living

As one of the basic human rights recognized in the international world, the right to an adequate standard of living does not attract much attention in China. The depth of discussion of the right in our academic circles is not enough. When the drafting committee drafted "Universal Declaration of human rights”, they agreed that understanding the definition and the importance of the right to an adequate standard of living is complicated. At different stages, objectively speaking, the conception of the “right to an adequate standard of living " is very vague.It challenges the entire attempt to define it and it is considered that it should include the entire rights which is covered in " Economic, Social and Cultural Rights Convention ". Therefore, the right to an adequate standard of livingis the core content of this article.First of all, the paper begins with doing deep analysis on some conceptions, which include “life ", " standard of living ", " an adequate standard of living " and the " right to an adequate standard of living ", to try to define the right the paper concerns. In the meantime, the paper makes a comparison between the conception of " an adequate standard of living” and many similar conceptions existing in the field of jurisprudence, such as the life right, the social security right, welfare rights. Thus, differences and links between the clear right to an adequate standard of living and the other concepts will be defined.Secondly, we hold the point that the right to an adequate standard of living is the basic means of guaranteeing human dignity, the system practice of realizing fairness and justice, and the booster of the economic and social development. Maslow’s "hierarchy of needs", "citizenship", "citizenship", "social solidarity" and "effective protection" provide a solid theoretical foundation for the establishment of the right to an adequate standard of living. It is helpful for understanding the meaning of existence of the proper living level right, which is a basic right, and analyzing the connotation and extension of the right to an adequate standard of living to emphasize the value of the right to an adequate standard of living value, analyze the theoretical basis behind the right to an adequate standard of living.Thirdly, studying the attribute of right and the morphological changes of the right to an adequate standard of living contributes to distinguishing the adequate living level right from other rights. The right to an adequate standard of living, which is positive right, legal right and basic right, is regarded as a national charity, as a means of relief, then to the economic, social and cultural rights established by international conventions. Eventually, domestic law of each country adds theirconfirmation.The right to an adequate standard of living has experienced a long historical production and development course.Fourthly, when we analyze the conception of the right to an adequate standard of living, we have emphasized that is the "right to an adequate standard of living is a combination of “an adequate standard of living" and "right". Only obligee and obligor exit and logic structure be clear, the right can be established and exits. As a basic human right, the subject of the right to an adequate standard of living is human. But when the right to an adequate standard of living is implemented t in domestic law, the subject should be defined as a country’s citizens and their family. The main subject of obligation of the right to an adequate standard of living should be states, international organizations, the auxiliary subject of obligations should be non governmental organizations, social organizations and individuals themselves and others. According to the research on the documents relating to the right to an adequate standard of living of the International Convention, we hold the point that logic structure of proper living level right mainly includes: the right to food, clothing, housing rights, the right to health and the right to receive education.Also, in 1997 China has signed the "economic, social and cultural rights international convention", followed by the Standing Committee of National People’s Congress for approval, which means that the government must be in accordance with the China "economic, social and cultural rights" provisions of the content, comprehensive, full realization of the economic, social and cultural rights. But in the process of China’s right to an adequate standard of living in the practice to realize power, relating to minimum life guarantee system for urban residents, the minimum wage system, the housing security system, the basic medical insurance system and the system of compulsory education there are many problems in the right to an adequate standard of living of the existence of the right barrier. And the root of these problems lies in the right to an adequate standard of living in China’s legal system and the level is too low, and the content of the right to an adequate standard of living is relatively low defect, the standard implementation of the process, as the last line of defense of the relief system is not perfect.Finally, we believe that, in view of the above problems by institutional arrangement and corresponding countermeasures is the right to an adequate standard of living need special attention in the implementation process. The forming path and mode of a country’s social security system, the mainstream ideology, and the country’s level of economic development, legal protection and relief system of interrelated. So far, no universal way and pattern. Chinese social security system must have the characteristics of contemporary China, built according to the basic situation of the China. The right to an adequate standard of living in our country there are two main principles to be followed: one is to ensure the basic living needs, the two is to follow the principle of "appropriate". The so-called "right" refers to the principle of government, provide guarantee of life, which should not be too low, otherwise it is not enough to guarantee national minimum living; it should not be too high, otherwise it will form a national mental laziness, increase the national dependence. This is the core value of China’s right to an adequate standard of living can be achieved.