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浙江大学学报(人文社会科学版) 2008
The Constitutional Right Dimension of Civil Livelihood
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Abstract:
Civil livelihood is a complex problem with multi-dimensions,which could be solved by normatively analyzing its internal structure through a"constitutional right-state obligation"device.In terms of the categories of constitutional rights,civil livelihood involves social rights, when liberal rights are also covered.Correspondingly,on the functions of constitutional rights,it mainly contains beneficial function when defensive function also exists.State obligation includes three aspects:assisting obligation,protection obligation and respect obligation.All this shows that the problem of civil livelihood needs a systematical consideration.