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以欧债危机为探讨起点和背景,围绕中国宪法文本进行考察,社会保障权与社会福利权、社会保障权与弱势群体权利之间的内涵及概念关系需清晰界定与取舍。西方意义的社会福利权有在民主制度下失灵和不明确等缺点,不宜照搬中国。弱势群体权利不是具有法学意义的概念。二者都可被中国宪法所确定的社会保障权所涵盖。中国社会保障制度和概念的发展,应依中国宪法文本,以社会保障权为核心概念,走概念——文本——制度的扩展道路。
Taking the debt crisis in Europe as the starting point and background, the paper examines the Chinese constitutional text. The connotation and conceptual relations between social security rights and social welfare rights, social security rights and the rights of vulnerable groups need to be clearly defined and chosen. In the western sense, the social welfare right has the defects of failure and uncertainty in the democratic system and should not be copied to China. The rights of vulnerable groups are not concepts of legal significance. Both can be covered by the right to social security as defined by the Chinese Constitution. The development of China’s social security system and concept should take the Chinese constitutional text as its core concept and take the expansion of concept-text-system as its core concept.