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On Material Help Right

Posted on:2011-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:J Z LiaoFull Text:PDF
GTID:2166360308455143Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Material help right is prescribed in article 45th of our constitution, it's a fundamental rights of citizens and beneficial to protect the human rights, promote social equity and justice. There are some things in common between Material help right ,survival right and right to social security, but Material help right has its own characteristics: first, Material help right limited to specific subject of particular situations that is prescribed in the Constitution; second, the realization of material help right not require any pay from citizens. It is the unconditional; third, material help right focused on the "emergency", also taking into account the relief of poverty. Material help right is a complex sexual rights, is rich in content, can extended the right to water rights, the right to food, clothing, health and so on; In the concrete expression of the form, which can be including the minimum living security payments, pensions, medical costs, disaster relief, etc.; Although the constitution on the right to material assistance are clearly defined, the matching system is not complete, so in reality the degree of realization is not ideal. In the new historical conditions, for the better protection of human rights practice spirit of the Constitution, it is necessary to expand the scope of the cases of material help right, besides in old age, disease and loss of ability to work on the basis of these three situations, adding to natural disasters, emergencies, security situations such as accidents. In the main body of responsibility, it is required to highlight the responsibility of the State, to clarify its obligations; In practice, the physical realization of the right needs to improve the legislative, executive, judicial and other aspects of the system.
Keywords/Search Tags:Material help right, National obligations, Human rights protection, Civil rights
PDF Full Text Request
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