The Legal Theory Of People's Livelihood As A Right

In recent years,people's livelihood right has been widely concerned by the theoretical circle.This is because at present,the generation of people's livelihood issues in China is of the same cause,systematic and relevant.At present,some people's livelihood issues are mainly solved by government subsidies.Therefore,the solution of the problem of the people's livelihood more depends on system coordination,promote,under the system of coordinate,citizens can get corresponding relief subsidies,and can choose whether to accept subsidies and relief,or choose the people's livelihood guarantee way.Thus we can estimate,the people's livelihood "stubborn" recurring deep reason lies in the absence of the right of the people's livelihood.The people's livelihood rises to the height of the rights and the legislation system,is the affirmation and recognition of the value of fairness and justice.The western developed countries,such as northern Europe,Germany and Japan)are higher achievements for the construction of "the people's livelihood" and achieve higher levels of the reason is that according to their own national conditions to set a series of institutional arrangements,social welfare,economic and other aspects of civil rights are institutionalized systemization.At present,the right of people's livelihood in China is only in the primary stage of right,and the definition of concept connotation and extension is vague.Therefore,the main purpose of this paper is to prove the meaning and value of the right of people's livelihood by defining the right ability of the right of people's livelihood.The first part of this paper is the chapter of the thesis.Firstly,the ideological origin of people's livelihood right should be systematically sorted out.The article divides the ideological origin of people's livelihood right into two parts,namely the western ideological origin and the Chinese ideological evolution.As is known to all,the word "people's livelihood" is a word with Chinese characteristics,but the essence of people's livelihood thought is human rights.Therefore,in the western "people's livelihood" concept,it is proposed to summarize the concept of human rights thought that embodies the guarantee and improvement of people's livelihood.The second part of the article mainly clarifies the definition of the people's livelihood right,by sorting out the people's livelihood right at home and abroad,puts forward the concept of the people's livelihood right,and clarifies the basic right attribute of the people's livelihood right.After clear the concept of the right of the people's livelihood and property,to more accurately defines the connotation and extension of the right of the people's livelihood and the livelihood of the people should be a type of similar concepts,this article selects the social welfare and social rights and the right of the people's livelihood on the difference comparison,and theory of China's domestic for people's livelihood and the livelihood of the people with a brief analysis of rights.The third part of the article mainly explains the existence of people's livelihood right,in order to build a complete system of people's livelihood right must answer the question of the legitimacy of the existence of rights.This article from the reality level,institutional factors,theoretical foundation and the right of the people's livelihood on the function orientation of value and legitimacy of the existence of interpretation right,in addition,the development of communitarianism and essence of the rule of law also provides a theory may be the establishment of the right of the people's livelihood,the completion of the legal system of socialism with Chinese characteristics and perfect for the right of the people's livelihood further provides a realistic possibility.Article fourth part is the end of the article,according to the above knowable right of the people's livelihood has an important significance to the development of basic survival guarantee citizens,especially the right to life safeguard for the poor to get the lowest level of security is of great significance.On the basis of professor peng division of people's livelihood rights,this paper intends to elaborate the division of people's livelihood rights into three levels according to different levels of development: the right to subsistence at the minimum guarantee level,the right to development embodied in the third generation of human rights,and the people's livelihood welfare at the advanced development stage.