社会救助权作为一项新兴的社会权利,是通过救助社会弱者来实现社会正义的。社会救助权的充分实现离不开有效的救济机制,特别是以可诉性为基础的司法救济机制的保障。因此,我国应当走出传统社会权不可诉理论之误区,顺应时代潮流,肯认社会救助权可诉性,并在此基础上确立中国特色的违宪司法审查制度。 As a new social right, social assistance is to realize social justice by helping the weak. The full realization of the social assistance right can not be separated from the effective relief mechanism, especially the judicial relief mechanism based on the suability. Therefore, our country should get rid of the misunderstanding of the theory of the inability to sue in the traditional society, conform to the tide of the times, recognize the suability of the social assistance, and on this basis establish the system of judicial review of unconstitutionality with Chinese characteristics.