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以什么样的法律理念来支撑社会救助制度设计的大厦,是现代社会一个值得研究的问题。现有的研究很少将社会弱势群体的救助上升到人权的高度。社会救助权是人权理念发展的产物,有特殊的权利义务关系,是一项道德人权,也是一项法律权利。人权视阈中,生存权理念是社会救助权的基本支撑,发展权理念是社会救助权的发展维度。
To what kind of legal concept to support the design of social assistance system building is a problem worth studying in modern society. The existing research seldom raises the aid of vulnerable groups in society to the height of human rights. Social assistance is a product of the development of the concept of human rights. It has a special right and obligation and is a moral and human rights as well as a legal right. From the perspective of human rights, the concept of the right to existence is the basic support of social assistance, and the concept of right of development is the development dimension of social assistance.