论社会权的宪法规范基础

On the Basis of Constitutional Norms of Social Rights

内容提要:尽管我国学界主流观点倾向于肯定社会权的宪法基本权利性质,但却只是基于"事实平等"应得到保障这样的价值追求上的理由,而未能提供一个宪法规范意义上的依据。因此,有必要通过确立"事实平等"在宪法平等规范中的地位,论证"事实平等"这项价值追求乃是宪法平等规范的应有之意,来为社会权寻得一个更为坚实的宪法规范基础。

In recent years, greater attention has been paid by the government and the general public to social problems such as the polarization between the poor and the rich, environmental pollution and the defective social security system, and these problems have led to a heated discussion over social rights in legal community. Although the mainstream theory tends to treat social rights as basic constitutional rights, yet such theory is based on the value pursuit that ＂de facto equality must be guaranteed＂, rather than on constitutional norms. Therefore, it is necessary to establish the position of ＇de facto equality＇ as a constitutional norm on equality, so as to find a steadier basis of constitutional norms for social rights.