The Realization Of Citizen’s Material Help Right In China From The Perspective Of Constitution

By the end of 2012, comrade Xi Jinping in honor of constitution implementation report mentioned the thirty anniversary of the meeting: "the Constitution and national future destiny, people. To maintain the authority of the constitution, to defend the dignity of the constitution, to ensure the implementation of the constitution." The constitution is the fundamental law of the state, has the highest legal effect, should be the highest source of law as the social security system, social assistance is the minimum social security, also should take the constitution as the source of law, therefore, the constitution should be the logical starting point of social assistance legislation path and the final destination.Citizens’ right to material assistance as a basic right of the citizen of our country,confirmed by the constitution, which began in 1954, China’s first constitution, the constitution article forty-fifth of the regulations. The essence of citizens’ right to material assistance the country through the redistribution of social resources, material help for those who do not have or lose labor ability citizens threatened in the right circumstances, to maintain the lowest living limit. In order to realize the positive as dependent on the state of the rights. For a long time, the realization of China’s citizens’ right to material assistance, received national attention, has got certain development, but because the citizens’ right to material assistance and protection system in our country in the late development, material help guarantee system has not been established, hindered the full realization of citizen’s material help right, therefore, to perfect the construction of the material help guarantee system has become an urgent problem to be solved. Study on the citizens’ right to material assistance to promote and implement the constitutional rights, protect the basic rights of citizens and social stability, promote social harmony has important sense.Based on the analysis and summary of the relevant data, first introduced the concept of citizen in our country, the material help right the development, necessity,through the study of domestic and foreign material help rights of citizens of the realization of citizens, the right to material assistance in the implementation process problems, China’s legislative, administrative, judicial: material help right of citizen in our country during the process of realization. Focus on the substance of our citizens tohelp the realization of the right to be improved, mainly from the following three aspects to be discussed: first is to improve the material of our citizens to help the realization of the right of legislation; second is to improve the material of our citizens to help the realization of the right of law enforcement; the last is the substance of our citizens to help the realization of the right to judicial relief. Committed to improve the material of our citizens to help right legal protection system. Study on material of our citizens to help right in our country to promote the implementation of the constitution, establishing and perfecting the social security system, is of great significance to the maintenance of social vulnerable groups rights and interests. Help to make the basic human rights of the constitution into effect, helps to make the social security system of our country to implement, contributes to the maintenance of social vulnerable groups rights and interests.