The Study On National Payment Obligation Of Right Of Social Assistance

Basic rights and national obligations has always been a basic categories of constitutional law. The right of social assistance is a social power, is a basic civil right. In the constitutional relations, the guarantee of right of social assistance cannot leave the country an obligation. The right attribute and function of the right of social assistance decided the country the necessity of their payment obligations. National payment obligations to the right of social assistance security has important instrumental value, make up the defects of the traditional social relief rights guarantee. National payment obligation includes material benefit and service to pay, both directly and indirectly, guarantees the citizens’ right of social assistance. The theory and practice on the study of the international and national level,and on the basis of analysis of China’s specific national conditions, through from the perspective of the scope of payment, payment upper and lower limits to determine the national primary standards of the payment of an obligation, to enhance national operational payment obligation, is advantageous to the national compulsory effectively guarantee citizens’ right of social assistance. Through legislation, law enforcement and judicial way, take different measures to perfect the legal system of right of social assistance national payment obligations, the strengthening of the right of social assistance countries to pay an obligation mechanism, a sound system of social relief national payment obligation of right of relief, so as to realize national payment obligation, to guarantee citizens’ right of social assistance.