On The Constitutional Protection Of The Vulnerable Groups' Right To Subsistence

The mean of vulnerable groups also is the significance of the social vulnerable groups for the human beings. In the CPC 17th National People's Congress, on behalf of the 16th Central Committee of CPC Hu Jintao reported the scientific development theory to the General Assembly, which firstly is the essence of development and the core is people-oriented. In fact, for the vulnerable groups, the right to subsistence has the survival value and significance to taking care of themselves.The humanism hold that the "people is the goal", made an ultimate goal of protection of human survival, recognizing the value of human, respecting for human dignity. On March 5th, 2002, at the Fifth Session of the Ninth National People's Congress Premier Zhu Rongji in the Government's report pointed out: "actively expanding employment and reemployment is an important way to increase the income of residents, it should be given special employment assistance to the social vulnerable groups". It is the first official using of the term of vulnerable groups, also it is the first time for the term of "vulnerable groups" appeared in government's documents, means that the Chinese Government showed the solicitude for the problems of vulnerable groups, the issue of vulnerable groups come into the people's vision from this time, and aroused the community's concern. The government's report specifically mentioned the issue of vulnerable groups in the coming years, in the summary of the achievements, the contents of the vulnerable groups, such as central and local financial substantial increase in spending on social security, the basic living expenses of state-owned enterprises'laid-off and the retirees, the increasing coverage number of the urban minimum living security, the real growth of the farmers'net income, reducing the farmers'burden, are defined as important achievement……However, on the other hand, the slow growth of income of the farmers, simple farming work can not support the family, serious arrears of wages of migrant workers, street pedlars can not make a living……These challenge still before us, in 2007 the case of Cui Yingjie pushed the issue of the vulnerable groups'right to subsistence to the point. The right to subsistence in human rights is the most important and basic rights, it is primary and basic in the human rights system, the basis of other human rights, but also the source of the rights of vulnerable groups.Protection of human rights is the purpose of the constitutionalism, so protection of vulnerable groups'right to subsistence is the main standpoint in this paper. Due to existence of controversies about the concept of vulnerable groups and right to subsistence, firstly it should define the two concepts, and then by illustrating representatives of several vulnerable groups - farmers, migrant workers and the street padlers'status, clarify the reasons of the inadequate protection of vulnerable groups for their right to subsistence, and under the constitutional perspective make some suggestions for the construction of the social vulnerable groups'rights to subsistence. Maybe this paper can play a role for taking care of the social vulnerable groups in a sense.As the social vulnerable groups concerned, the issue of vulnerable groups is not just related to China's comprehensive construction of a well-off society, or implementing the strategy of ruling the country of "rule of law and building a socialist country ruled by law", carrying forward the socialist principle of the protection of human rights, it is also the important content to the constitutional authority in a modern society and protection the human rights in accordance with the constitution.