The Study On State Obligate Of Right Of Social Assistance

As a citizen’s fundamental right, social assistance rights follow the value concept of "social attribution, right standard, the national obligations", which is confirmed by many countries in their constitutions. Form the perspective of the structure model of "citizens’ rights from the constitution and the state obligations", the realization of citizens’ right of social assistance is bound to the earnest fulfillment of state obligations. As for the structure of state obligations in social relief, it is composed of the obligations in respect, protection and payment from the nation, which form significant components of the state obligations in social relief with progressive relationship among each other. The obligations in respect and protection from the state mean to guarantee the present interests of citizens’ right of social assistance, which are typical obligations of a liberal state; and the payment obligation from the state means to promote the potential interests of citizens’ right of social assistance which is an obligation of a social state.The core value and pursuit of the respect obligation from the state, which is a primary obligation to realize the right of social relief, lie in how to get rid of the time brands of the ’stigma’ of their own,’discrimination’ and ’gift’ for social vulnerable groups, and how to really realize social relief with’dignity’,’equality’ and ’freedom’. The protection obligation is the basic connotation to guarantee the right of social assistance. A state bears the protection obligation of prevention, elimination and relief, which are three levels of protection obligation to fulfill the citizens’ right of social assistance. State obligation in social relief is measured by different benchmarks. In reviewing "how a state should do to fulfill the duty to protect’, the benchmark of ’excessive prohibition’ shall be applied as a violation boundary, and "insufficient prohibition" shall be applied as the bottom line; In reviewing’to what degree a state can conduct its protection obligation", the upper limit should lie in achieving fairness and freedom, and the lower limit should be to reflect human dignity. The state obligation in payment is the essence to guarantee the right of social assistance, and its measurements involve three dimensions, which are scope of payment, upper limit of payment and lower limit of payment. Among them, the scope of payment is the measurement to review the state payment obligation in social relief from a horizontal angle, which can solve the problems of whether the specific state payment obligation in social relief is present or not and how this state payment obligation is scheduled; and other two dimensions of lower limit and upper limit are to measure the benchmark of state payment from a vertical angle in social relief when the scope of payment is determined. The state obligations in social relief can be fulfilled from legislative, administrative and judicial aspects. As for the legislative aspect, the fulfillment of state obligation in social relief means to establish specific institutions in constitution, laws and regulations. The fulfillment in an administrative aspect provides a fair and procedural schedule to realize social assistance for citizens. And the fulfillment in the judicial aspect means to provide necessary means of judicial assistance when encountered unlawful infringement.