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Social Assistance;Minimum Subsistence Guarantee;Minimum Cost of Living;Fundamental Social Rights;Right to Subsistence;Principle of Subsidiarity
|Issue Date: ||2016-05-20 16:38:27 (UTC+8)|
Social assistance is the actualization of the right of claim for minimum subsistence guarantee as stated in the Constitution. The purpose of this research is to analyze the foundation and contents of the Constitution regarding people’s right of claim for minimum subsistence guarantee. In terms of the foundation of the Constitution, this research advocated that the lawmakers’ will should be respected in the attempt to give the right of claim to people, by stipulating fundamental social rights. As for any contradiction to the fundamental principle of a democratic state, which might result from affirming people’s payment claim, this research suggests that the issue could be resolved through an interpretation of the Constitution. It is concluded that the right of claim for minimum subsistence guarantee based on the right to subsistence, just like other fundamental social rights, may be used as the golden rule when investigating if the Constitution was violated, and when judges interpreted the law as well as providing a supplement to counter the loophole in law; the result could serve as the basis for the right of claim when minimum subsistence guarantee could not be obtained, even after the loophole in law has been supplemented. In terms of the contents of the Constitution, this research reviewed the norm regarding the right of claim for minimum subsistence guarantee, and concluded that meeting people’s requirement of minimum subsistence should be based on self-responsibility. Consequently, failing to make a living was a prerequisite to the right of claim for minimum subsistence guarantee. For meeting people’s requirement of minimum subsistence, Family should assume the fulfilling responsibility and the Nation should assume the assurance responsibility. When Family fails to fulfill its responsibility, the Nation should pay. As for the “minimum cost of living”, it is reasonable for the Social Assistance Law to compute it as 60% of the per capita nonproductive expenditure. However, the “minimum cost of living” was only used to define the “low-income family” and not the amount of living subsidy, which seemed inappropriate. Lastly, people’s right of claim for the special assistance and services stated in Article 16 of the Social Assistance Law depends on whether special assistance and service are among the requirements for minimum subsistence.
|Relation: ||法學評論, 123, 121-191|
|Data Type: ||article|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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